Legal Question in Criminal Law in California
after plea of no contest
If you accepted a deal from the judge when at court but later find out that the cops were at fault and that the charges should of been dropped in this scenario.Can you go back and try to fight your case or once you sign its a done deal regardless?
1 Answer from Attorneys
Re: after plea of no contest
Very often you can go back to court and withdraw your plea. The sooner the better. There are different possible motions or vehicles for doing it. For example, Penal Code section 1018 gives defendant the right to ask the court to withdraw guilty plea within 6 months after order granting probation.
The decision to withdraw guilty plea should not be taken lightly. Your case will not be dismissed if you succeed in having your motion granted; it will simply be re-opened for prosecution again. Theoretically, it is possible you might get a harsher treatment and sentence the second time around.
You need to consult a lawyer on what would make sense in your case. Feel free to give me a call.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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