How to Withdraw Plea in California?


If you think that the fact of pleading guilty is the end and there is no way back, you make a mistake. In some cases, the best option is to plead guilty, however circumstances can change and the California legislation allows to withdraw plea.
Below, The Margarian Law Firm will introduce you the main elements of the California Withdraw Plea Law. Additionally, we are ready to provide answers to your initial questions concerning criminal charges in California for free.
You may file your request online, by telephone or by mail. 818-553-1000
1. When is it possible to withdraw plea?
2. What is “good cause”?
3. What to do in order to withdraw plea?

1. When do I have a right to withdraw plea in California?
According to the current California legislation, withdrawal of plea is possible within six months of the entry of judgment, but it is always better to do sooner.
Unfortunately, if you have been yet sentenced and you decide to withdraw your plea, it will be highly complex. According to the California withdraw plea law it is possible to withdraw plea even if you have been sentenced or you have lost the 6-month deadline. In this case, it is required to file a petition for a writ of habeas corpus in order to withdraw a plea you have been sentenced.
However, you have to take into consideration that it is essential to have a “good cause” for withdraw plea.
2. “Good cause” for withdraw plea
You have a “good cause” in order to withdraw plea if you are able to show that you did not fully understand the nature and consequences of your actions. Another saying, the defendant may be unaware of the consequences of pleading guilty. For example, the defendant thought that he would be obliged only to pay fine, but whatever reason it turned that his driving license could be suspended. Or, more dramatic example, a person pleaded guilty knowing that the maximum sentence is up to one(1) year in county jail then he found out that he could be sentenced of up to five(5) years in state prison. All aforementioned examples represent “good cause” for withdraw plea.
It is obvious that in practice we have a lot of different and specific cases which can occur. That is why if you have found yourself or a loved one in a troubling situation, it is crucial to find a California experienced and aggressive criminal attorney who will handle your case.
3. What do I have to do in order to withdraw plea in California?
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. We will evaluate your case and prepare as fast as possible withdrawal plea as well as we will negotiate your plea bargain and do our best to get the best possible outcome for you. Do not hesitate to contact us. You will get your legal assistance as soon as you contact us. We handle every aspect of your case, from the first step to the very last court hearing.
You may file your request online, by telephone or by mail. 818-553-1000

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