Short answer. Yes, if the plea was improvident. At any time before the judgment of conviction becomes final, the court may permit an improvident plea of guilty to be withdrawn and substituted with a plea of not guilty instead, so the case can proceed to trial.

What the law says

At any time before the judgment of conviction becomes final, the court may permit an improvident plea of guilty to be withdrawn and be substituted by a plea of not guilty.

Rule 116, Section 5 — Withdrawal of improvident plea of guilty. Read the full provision →

Withdrawal is available only for an "improvident" plea

The rule specifically addresses an improvident plea of guilty — a plea entered without full appreciation of its consequences, or without the accused genuinely understanding what they were admitting to. This is not an unrestricted right to change one's mind about a guilty plea for any reason at all; the plea has to have been improvidently made in the very first place.

A plea entered knowingly and voluntarily, with full understanding of its consequences, simply does not qualify for this particular remedy, however much the accused may later come to regret making it.

The court has discretion, and the window closes at finality

Withdrawal is something the court may permit — it is discretionary, not automatic. And it must happen at any time before the judgment of conviction becomes final. Once the conviction has become final, this particular avenue for undoing an improvident guilty plea is no longer available to the accused at all.

The accused bears the burden of actually convincing the court that the original plea was genuinely improvident.

Withdrawal replaces the plea with not guilty, not with nothing

When the court allows the withdrawal, the improvident guilty plea is substituted by a plea of not guilty. The case does not simply end or reset to some undefined state — it proceeds instead as though the accused had pleaded not guilty from the start, which means the case would then go to full trial in the ordinary way.

The prosecution still has to prove its case at that trial, exactly as it would in any case that began with a not-guilty plea from day one.

Why acting quickly matters if a plea was made hastily

Someone who realizes their guilty plea was made without properly understanding its consequences should raise this with the court as soon as possible, since the right to seek withdrawal exists only up until the judgment of conviction becomes final. Waiting too long risks losing the opportunity entirely, regardless of how genuinely improvident the original plea may actually have been at the time it was first originally entered before the court itself.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.