Legal Question in Criminal Law in California

Plea Mistake

If I plead guilty to a felony charge, but didn't understand that it wasn't a wobbler. Is there any way to have that plea trown out and ask to plea to a similar chargeor go to trail?


Asked on 11/07/08, 7:05 pm

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Plea Mistake

If this matter has not been resolved contact me immediately.

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Answered on 12/16/08, 3:56 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Plea Mistake

Yes, because it appears your plea was not knowing, intelligent or voluntary. Also, your chances are greatly enhanced if you entered the plea less than 180 days ago and you were granted probation.

Feel free to contact my office to explore your options in more detail.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 11/09/08, 4:27 pm
Daniel J. Mangan III JuryTrialJustice

Re: Plea Mistake

Technical truth is you made a mistake of fact but...withdrawing the plea is not easy and requires the aid of counsel to decide if sufficent facts exist for a motion to withdraw AND if that is a good idea based on the facts of the case?

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Answered on 11/08/08, 1:58 pm


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