Legal Question in Criminal Law in California

Changing a plea after sentenced

I took a plea to reduce my charge from a felony to a misdameanor. The sentence is to do 30 days in jail on the charge and 30 for violation of probation. I haven't serverd my time yet and have a surrender date of 12/30/04. This will be my 5th attempt to surrender and on the 5th time they will take me, the times before the jail was to full and gave me an extentions. I cannot get another extentrion except from a judge because I have pending court dates that disqualify me for S.W.I.P. program. (Sheriff's Working Inmate Program). Is it possible to change my plea and go back to court on the original charge? I only took the plea because I didn't want to go to trial on a felony.

Thank you for your time and Happy Holidays

Merry Christmas


Asked on 12/17/04, 10:03 pm

2 Answers from Attorneys
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: Changing a plea after sentenced

You should seriously consider withdrawing your plea. If you withdraw your plea you are back to fighting a felony and you won't be any better off than you are now. Try to work things out with the judge. Maybe since the jail is full you could offer to do community service instead of jail.

Read more
Answered on 12/20/04, 1:13 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Changing a plea after sentenced

Once a guilty plea is entered it is difficult to withdraw that plea. After sentence has been imposed it is even more difficult to with the guilty plea.

Read more
Answered on 12/18/04, 12:21 am


Related Questions & Answers

More Criminal Law questions and answers in California