Withdrawal of Plea Overview Penal Code Section 1018

If you have pled guilty to a criminal charge in California, you may think that your conviction cannot be reversed, however that is not always the case. When individuals are charged with a crime and brought in front of the court, the judge will ask them to plea to their charges.  If they plead guilty, the judge will sentence the defendant according to the law or any plea agreement they have reached.

However, in some situations it may be possible for a defendant to withdraw his or her guilty plea At Wallin and Klarich, we have worked with clients for over 30 years who wish to attempt to withdraw their guilty pleas. We do a complete evaluation of the history of your case and we can then determine whether there are valid legal grounds to bring a motion to withdraw a guilty plea.

How Can I have Wallin and Klarich Help me Determine If I can Make a Motion to Withdraw My Plea of Guilty?

If you  want to withdraw your guilty plea, a motion to withdraw the plea must be prepared by your lawyer and filed with the court.  Generally a motion to withdraw a guilty plea may be made at any time prior to sentencing or within six months of the entry of judgment. Withdrawing a guilty plea after sentencing is a much more complex process and could require submitting a petition for a writ of habeas corpus.

Under California Penal Code Section 1018, the court requires that a defendant “show good cause” to withdraw their plea. “Good cause” to withdraw a guilty plea is shown when the defendant can demonstrate that the plea was entered as the result of some sort of mistake, ignorance, inadvertence, or some other factor that demonstrates the defendant did not intend to enter the guilty plea.

There are various reasons why individuals decide they may want to change their plea. For example, a defendant may decide to withdraw their plea because they were not aware of all direct and collateral consequences when entering the plea of guilty. One example of when this occurs is when a defendant enters a plea of guilty to a crime and does not realize that as a result of doing so, his driving privilege will then be suspended by the Department of Motor Vehicles.

Another example, is when a defendant enters a plea of guilty to a crime and later finds out that the guilty plea will lead to him or her being deported or suffering other adverse immigration consequences.

If the court grants a motion to withdraw a guilty plea, it effectively means that the criminal case is placed in the position it was in prior to the guilty plea being entered. This means that the defendant will have the right to proceed to trial or it is possible that a new plea bargain can then be entered that could be more favorable (or less favorable) to the defendant.

The withdrawal of plea process can be very complex and stressful, which is why it is important to hire an experienced criminal defense attorney who can review all the underlying facts of your case and help you decide if it is your best interest to make a motion to withdraw your guilty plea.

At Wallin & Klarich we provide services on a personal level, so that our clients are always fully aware of their rights.  We have over 30 years of experience handling all types of criminal matters, including withdrawal of guilty plea’s. Call us today at (888) 749-0034. We will be there when you call.