Legal Question in Criminal Law in California

My father followed the advice of his public defender and found out it was not the best way to go about handling his case. I was wondering if in any way it is possible to change his plea from guilty to not guilty due to a miscarriage of justice


Asked on 3/09/11, 5:39 pm

2 Answers from Attorneys

Isi Mataele 'Isi Mataele Attorney at Law

yes depending on the facts such as ineffective assistance of counsel, duress, fraud, etc.

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Answered on 3/09/11, 5:52 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Probably not. All you have told us is that your father wishes he had entered a different plea. He will need a better reason than that to persuade the court to let him withdraw his plea.

Your question doesn't really tell us much about why your father wants to change his plea or what he thinks the PD did wrong. He might have good cause to withdraw his plea; I just don't have enough information.

Note that there are deadlines which your father must meet. You haven't told us when he entered his plea, so I can't say when the deadlines will be or whether they have already passed.

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Answered on 3/12/11, 2:39 pm


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