Who holds the burden of proof for withdrawing a guilty plea?

In the context of withdrawing a guilty plea, the burden of proof lies with the accused. When an accused individual seeks to withdraw a guilty plea, they must demonstrate valid grounds for doing so. This might include showing that the plea was not made voluntarily, the individual did not understand the charges or consequences, or that they had ineffective assistance from their legal counsel.

The rationale behind placing the burden on the accused is rooted in the principle that once a guilty plea is entered, it signifies a conscious acknowledgment of guilt. Therefore, it is the responsibility of the individual who wishes to contest that acknowledgment to substantiate their claim for withdrawal.

It is also important to note that the prosecutor and the judge do not bear this burden. The prosecutor's role primarily involves the prosecution of the case, while the judge oversees the proceedings and ensures fairness but does not advocate for either party. Legal counsel may assist the accused in presenting their case to withdraw the plea, but they do not hold the burden of proof themselves.