Rule 33. PLEADING BY DEFENDANT · Last amended 1997 · Last verified July 17, 2026
In one sentenceRule 33.12 lets a defendant undo a guilty or nolo contendere plea after sentencing only through a timely motion showing that letting the plea stand would work a manifest injustice — short of that showing, once the judge has pronounced sentence, the plea is final.
Full Text of Rule 33.12
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(A) After sentence is pronounced, the judge should allow the defendant to withdraw a plea of guilty or nolo contendere whenever the defendant, upon a timely motion for withdrawal, proves that withdrawal is necessary to correct a manifest injustice.
(B) In the absence of a showing that withdrawal is necessary to correct a manifest injustice, a defendant may not withdraw a plea of guilty or nolo contendere as a matter of right once sentence has been pronounced by the judge.
Plain-English Summary
Rule 33.12 marks the difference between withdrawing a plea before sentencing and doing so afterward. Once the judge has handed down sentence, a defendant can no longer pull a guilty or nolo plea back just by asking.
What remains is a narrower path: a timely motion showing that leaving the plea in place would produce a manifest injustice. If the defendant meets that bar, the judge should permit the withdrawal; if not, the plea stays put.
The rule frames this as the default position rather than a footnoted exception. Short of that kind of showing, withdrawal is not available on demand once sentence has been pronounced. That finality underscores what happens earlier in the process — the voluntariness and fact-checking inquiries required before the plea is accepted are the safeguards meant to keep an unjust plea from reaching sentencing in the first place.
Frequently Asked Questions
Can a defendant withdraw a guilty plea after sentencing?
Only through a timely motion showing that leaving the plea in place would work a manifest injustice.
What must a defendant prove to withdraw a plea after sentence is pronounced?
That letting the plea stand would produce a manifest injustice.
Is there a right to withdraw a plea after sentencing without showing manifest injustice?
No. Short of that kind of showing, Rule 33.12(B) gives the defendant no automatic path to pull the plea back once sentence has been pronounced.
Must the motion to withdraw a plea after sentencing be timely?
Yes, Rule 33.12(A) speaks of a timely motion for withdrawal.
Who decides whether letting the plea stand would work a manifest injustice?
The judge, weighing the proof the defendant offers on the motion.
Amendment History
Amended effective October 9, 1997.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
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