Felony

How You Can Take Steps To Withdraw Your Guilty Plea in California | 1473.3 motion to vacate

How You Can Take Steps To Withdraw Your Guilty Plea in California | 1473.3 motion to vacate Penal Code Section 1473.7 permits a defendant to vacate their plea in two ways: 1) Legal invalidity with actual or potential Immigration Consequences; or 2) Newly discovered evidence of actual innocence. The Court in Espinoza reviews the first one and provided the following guideline below to determine the reasonable probability of prejudicial error:…

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Being Declared an “Idiot” is a Legal Defense

Being Declared an "Idiot" is a Legal Defense “My son is an idiot, thus he shouldn't be held criminally liable for that offense.” This statement was recently overheard by the mother of a defendant outside of a court room. While it is not certain if this woman’s son was literally an idiot or not, “idiocy” can be a legal defense. Believe it or not, if one is found legally to…

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