Withdrawal of Plea When Can a Withdrawal be Made?

A withdrawal of a guilty plea may be made at any time before judgment is entered or within six months after sentencing has taken place. The court after considering the motion to withdraw the plea may grant or deny the motion. If the court finds good cause to grant the motion the defendant will be placed in the position their case was in immediately prior to entering his or her guilty 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 accept the plea.

However, some of the common reasons for withdrawing a plea of guilty include the following:
•    Failure to advise the defendant of his or her constitutional rights
•    Failure to specify the direct consequences of the plea, for example the defendant was not informed of restitution fines if he plead guilty
•    Plea bargain violated, for example the prosecution did not follow through with the plea agreement.
•    Improper inducement to enter plea, for example the court made a promise that unable to be kept.
•    Defendant not represented by counsel
•    Defendant unaware of immigration consequences
•    Ineffective assistance of the defendant’s attorney

The attorneys at Wallin & Klarich have handled plea withdrawals for over 30 years.  It is vital if you or a loved one want to withdraw their guilty plea to speak with an experienced attorney. Call Wallin & Klarich today at (888) 749-0034. We will be there when you call.