Withdrawal or setting aside of plea of guilty
La. Code Crim. Proc. art. 559
in effect559. Withdrawal or setting aside of plea of guilty
A. Upon motion of the defendant and after a contradictory hearing, which may be waived by the state in writing, the court may permit a plea of guilty to be withdrawn at any time before sentence.
B. The court shall not accept a plea of guilty of a felony within forty-eight hours of the defendant's arrest. When such a plea has been accepted within the forty-eight hour period, the court, upon a motion filed by the defendant within thirty days after the plea was entered, shall set aside the plea and any sentence imposed thereon.
C. The admissibility of a withdrawn plea of guilty and the facts surrounding it, is governed by Louisiana Code of Evidence Article 410.
Acts 1988, No. 515, §3, eff. Jan. 1, 1989; Acts 2014, No. 85, §1.
{{NOTE: See Acts 1988, No. 515, §12, regarding effectiveness and applicability.}}
Source: Louisiana State Legislature (legis.la.gov)URL: https://legis.la.gov/legis/Law.aspx?d=112617Fetched: 10/20/2026