Legal Question in Criminal Law in California

Plea Bargain Problem

Can someone who has pleaded guilty to three felony counts change his plea after he has been serving time? Case involved a mionor who later admitted to friends she made up allegations. We believe he was coerced into taking plea bargain. He wanted to go to trial but ran out of money and attorney did not want to roll the dice. After a deal was made the judge changed his mind and upped the sentence.


Asked on 1/10/07, 5:23 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Plea Bargain Problem

The defendant should talk to a lawyer about filing a motion to set aside his plea.

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Answered on 1/10/07, 5:36 pm
Daniel J. Mangan III JuryTrialJustice

Re: Plea Bargain Problem

There is a 180 day time limit on motions to set aside a plea, after which, the same end is reach through a writ.

Counsel needs details before a firm opinion can be reached and time is of the essence so hire counsel....

DJM

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Answered on 1/10/07, 10:06 pm


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