I Pleaded Guilty or No Contest to a Criminal Charge. Can I Change My Plea?
Under California Penal Code Section 1018, a defendant is allowed to withdraw his or her guilty plea or no contest plea under certain circumstances. The defendant must demonstrate good cause and file a motion to withdraw a plea either before sentencing or within six months of being sentenced.
The defendant has a right to file a motion to withdraw a plea if he or she plead not guilty or no contest without an attorney. If the defendant had an attorney when pleading guilty or no contest, he or she may still be able to file a motion to withdraw a plea.
A defendant may file a motion to withdraw a plea if:
- The defendant discovers that he or she is going to incur an unexpected penalty;
- The defendant believes his or her attorney was incompetent; OR
- The defendant realizes that he or she may be able to get a more favorable outcome by entering a not guilty plea.
A motion to withdraw a plea must show good cause for withdrawing a defendant’s guilty or no contest plea. The defendant must show clear and convincing evidence that the initial plea was entered as a result of some sort of incompetence, mistake or ignorance. Good cause to file a motion to withdraw a plea may include:
- The defendant was not represented by an attorney entering the plea;
- The defendant was not aware of all of the consequences of the plea (i.e. mandatory prison sentence, deportation or professional license suspension/revocation);
- The defendant was coerced into making the plea;
- The defendant was represented by an incompetent attorney when entering the plea; or
- There was a language barrier or other hardship that caused the defendant to plead guilty or no contest.
How Can I Change My Plea?
If you win your motion to withdraw a plea, your case begins anew, starting with an arraignment of the charges against you. Any plea deals previously offered to you for pleading guilty or no contest may no longer be available to you.
If you lose your motion to withdraw a plea, you can appeal the decision or serve your sentence and eventually try to expunge the conviction.
If you or a loved one is considering withdrawing a plea in your case for any reason, it is important to speak to an experienced attorney who will review your case and help you make decisions that yield the best possible results in your case.
Call Wallin & Klarich Today
If you are facing criminal charges and are considering a no contest plea, it is critical that you speak to an experienced criminal defense attorney as soon as possible. At Wallin & Klarich, our attorneys have over 40 years of experience successfully handling all types of criminal cases. Our attorneys will fight to get you the best possible outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
