Legal Question in Criminal Law in California
My boyfriend is in jail, he took a deal, but would like to now withdraw his plea, he's suppose to go back to court on the 12th November to be sentenced, so is this possible???
Asked on 9/28/10, 2:10 pm
2 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
He can have his retained lawyer file a motion to withdraw his plea. Feel free to call me or have another family member of his call me.
Answered on 10/03/10, 3:54 pm
Robert Marshall
Law Office of Robert L, Marshall
He needs to file a motion to withdraw the plea before his next court date.
He also has to convince the judge there is a good reason, for instance, that he didn't understand the consequences of his plea. Judges are usually careful to cover all of these issues before they accept a plea.
Just changing his mind is not a sufficient reason for the judge to let him withdraw the plea.
Answered on 10/03/10, 4:19 pm