Legal Question in Criminal Law in California

can you take a plea back before official sentencing?


Asked on 6/01/12, 2:45 pm

1 Answer from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

it's usually pretty difficult. Your attorney can make a Motion To Withdraw it in theory ... but generally the client has to have not-been advised what they were doing, or there is some material change, e.g., the terms of the agreement for sentencing won't be honored. Just a changing of the mind is not generally a good enough reason. But if the prosecution and defense both agree that the agreement is null, then it's certainly possible to withdraw a plea made under other conditions. It depends on what was agreed to. Good luck!

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Answered on 6/01/12, 4:12 pm


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