At Law Office of Michael L. Fell we see this situation more often than you might think: A defendant pleads guilty to a crime because they were convinced it was the best option for them. Often times they didn’t understand all the consequences of that plea or what they were really pleading guilty to. In that situation, it may be possible to withdraw a guilty plea.
Withdrawing a guilty plea in California
You may want to change your plea for any number of reasons, including becoming aware of the consequences you’re facing, getting expert advice from an experienced criminal defense attorney, or simply rethinking the facts. In California, pleas are subject to Penal Code Section 1018, under which it may be possible to withdraw your plea of guilty or no contest. However, you must first demonstrate that you have “good cause” to do so.
Determining “good cause” so you can withdraw your plea
According to California law, “good cause” includes situations in which you entered a plea as a mistake, because you didn’t understand the situation, or another approved reason. For people who simply changed their minds and want a better outcome to their case, good cause would not apply.
So how exactly does the court decide if you have good cause? There are a few circumstances that will typically be considered valid as good cause and allow you to withdraw your plea. Some of these include:
- Not having a defense attorney at the time of the initial plea.
- Being unaware of mandatory sentences, immigration issues, fines, license suspensions, or other consequences that come along with pleading no contest or guilty.
- Being coerced into making a plea.
- Being represented by an attorney who’s incompetent.
- The prosecution reneging on a plea agreement they previously agreed to.
How to change your plea in the state of California
The first step is to have Law Office of Michael L. Fell file a motion to withdraw your plea. If it’s granted, then you’ll be back where you were before you entered a plea. This process generally takes place within six months of sentencing, so you’ll likely need to be arraigned again and it’s likely that any plea deals you previously had in place won’t be available to you.
You’ll then be able to enter whatever pela you choose. You could work toward another plea bargain or you could enter a plea of not guilty and risk going to trial. At Law Office of Michael L. Fell, we will carefully assess your case and give your legal opinion on what your best options are.
No matter where you are in the criminal justice process, no matter what you’ve been charged with, you can count on the help of Law Office of Michael L. Fell. Call us today for your free legal consultation and let us help you find the best way to move forward.