Judge ordered competency evaluation and plea deal taken without evaluation; stuck in jail, how to withdraw plea?

Question

In my case, a judge ordered a competency evaluation but allowed my attorney to withdraw, forcing me into self-representation. I was then guided into taking a plea deal just a week later. Despite filing many motions to withdraw my plea due to the incomplete competency evaluation, I had to wait a year and a half before being able to attempt withdrawal. During this period, I went to jail around ten times, spending over a month in total. What actions can I take now?

James L. Arrasmith · Answer

You can’t be bound by a plea if the court never ensured you were competent to understand its consequences. Because the judge ordered a competency evaluation that never happened, your plea was entered without the required finding that you had “sufficient present ability to consult with your attorney with a reasonable degree of rational understanding” and that you “have a rational as well as factual understanding of the proceedings” against you. 
 
Your first step is to file a motion in the trial court to withdraw your plea as involuntary and entered without a completed competency determination. In that motion, cite the missed evaluation and explain how your inability to secure counsel left you unprepared to make a knowing and voluntary choice. 
 
If the trial court denies your motion, you can seek relief on appeal or through a post‑conviction petition, arguing that the plea hearing violated both the court’s own order and your due‑process rights. In either forum, request the court to complete the competency evaluation now and, if you’re found incompetent, vacate the plea and restart proceedings with appointed counsel.

Q: Judge ordered competency evaluation and plea deal taken without evaluation; stuck in jail, how to withdraw plea?