When Should An Accused Individual Be Allowed To Withdraw Their Guilty Plea? Did You Make A Mistake In Pleading Guilty To A Crime You Did Not Commit? – Penal Code Section 1018
Navigating the criminal justice system can be daunting, especially if you’re facing charges. One common route is entering into a plea deal, but what happens if you change your mind? Let’s explore when and how an accused individual can withdraw from a plea deal.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced plea withdrawal attorneys near you.
What is a Plea Deal?
A plea deal, also known as a plea bargain, is an agreement between the defendant and the prosecution. In this agreement, the defendant agrees to plead guilty or no contest to a charge in exchange for some concession from the prosecutor. This could mean reduced charges or a lighter sentence. Plea deals are significant because they help expedite the legal process, reducing the burden on courts and providing a quicker resolution for defendants.
Acceptance and Withdrawal of Plea Deals
Once a plea deal is accepted, it becomes a binding agreement. However, defendants sometimes feel they made a mistake by accepting a “plea bargain” and may want to reconsider their decision. However, attempting to withdraw your guilty plea is not straightforward and involves legal complexities. Understanding these terms is crucial for anyone facing this decision.
When Can a Defendant Withdraw from a Plea Deal?
The timeline for withdrawing from a plea deal varies. Generally, a defendant can withdraw their plea before it is accepted by the court. This period provides a window to reconsider the consequences and consult legal advice. However, once the court has accepted the plea, it becomes significantly more challenging to withdraw your guilty or no contest please. The specific circumstances under which withdrawal is permitted include coercion, ineffective legal counsel, or newly discovered evidence that could change the outcome of the case.
California Penal Code Section on Withdrawing a Plea In California
The process of withdrawing a plea is governed primarily by California Penal Code Section 1018. This section allows a defendant to withdraw a plea of guilty or no contest at any time before judgment is pronounced. The defendant must demonstrate that the withdrawal is in the interest of justice.
To successfully withdraw a plea, a formal motion must be filed, usually supported by declarations or affidavits that outline the reasons for the withdrawal. Common grounds include a claim of innocence, coercion during the plea process, or ineffective assistance of counsel. It’s crucial for defendants seeking to withdraw their pleas to act promptly, as delays may negatively impact their chances of a successful outcome. It is extremely important that you have retained an experienced criminal defense lawyer to help you if you decide to attempt to withdraw your plea. In some cases it is not a good idea to attempt to withdraw your guilty plea. You could be facing worse potential consequences if you were to do so.
California Case Illustration
People v. Codinha (2021)
In a recent California case, the defendant claimed that his attorney did not inform him about the possibility of being classified as a sexually violent predator (SVP) after serving his prison sentence when he entered his plea.
On the advice of his attorney, the defendant pleaded guilty to felony indecent exposure, misdemeanor possession of drug paraphernalia, and felony possession of a controlled substance. Upon discovering the consequences of his guilty plea, the defendant filed a motion to withdraw the guilty plea. Following the denial of his motion to withdraw the guilty plea and the imposition of his sentence, the defendant decided to appeal the decision.
In this case, it was determined that the commitment of a SVP was not a direct or unavoidable outcome of the defendant’s guilty plea. Therefore, the defense attorney did not have a responsibility to inform the defendant about the possible SVP consequences related to his plea. As a result, the trial court did not make a mistake when it denied the motion to withdraw the guilty plea.
Consequences of Withdrawing from a Plea Deal
The consequences of withdrawing from a plea deal can be significant. If successful, the accused individual may face the original charges, which could be more severe than those in the plea agreement. Additionally, the prosecution may be less inclined to offer a favorable deal in the future. It’s essential to weigh these potential outcomes carefully before proceeding.
The Role of Legal Counsel
Experienced legal counsel plays a pivotal role in the plea bargaining process. They can help ensure that you fully understand the terms of the deal, your rights, and the potential outcomes. If you feel that your initial representation was inadequate, seeking a second opinion can provide the clarity needed to make an informed decision about withdrawing from a plea deal.
Case Evaluation
There are many possible grounds that may exist in your case to allow you to withdraw your guilty plea. We are very often hired to review the history of the client’s case and to determine two critical things:
- What are the chances that the court will allow the client to withdraw their guilty plea?
- Based upon the facts of the client’s case, is it a good idea for the client to retain our services to attempt to withdraw the guilty or “nolo contendere” plea that the client has entered?
Contact Wallin & Klarich Today
If you are considering withdrawing from a plea, you need an aggressive plea withdrawal lawyer to fight for your rights. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients obtain better or ideal outcomes for their cases by understanding the legal landscape and effectively arguing on our clients’ behalf. We will do everything in our power to help you achieve the best possible result in your case.
You may not be aware of all your options and calling our office costs you nothing. Let our skilled attorneys examine your case to find the best course of action for your case. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled plea withdrawal lawyer near you.
