Legal Question in Criminal Law in California

Re: Pleading non-quilty after pleading quilty

Thanks for your posting. You may file a motion to withdraw a plea of guilty, but for reasons of inefficient assistance of counsel, I would recommend you get a new attorney to handle that. And, for the reasons that Mr. Hobbs mentioned, to do so you will have to prove not just that the attorney misinformed your father, but that he went through all the hurdles, signed all the documents, and appeared in court basically not knowing what was going on, which is a hard burdent to meet.

If you have other questions or need assistance, please feel free to give me a call or email me.

Re: Pleading non-quilty after pleading quilty

Your father can make a motion to withdraw his plea. If you need additional help with this matter, please feel free to contact me.

Re: Pleading non-quilty after pleading quilty

Let me understand the facts. Your Father went into to court, and after reading the complaint that the D. A. filed, and your Dad then read the police report. And then after negotiating everything with the D. A. through his attorney. Your Dad went through all of the Tahl form initialling every block, including the one in which the crime is set forth with some specificity. And then he didn't know what he was doing. The Tahl form is the one on which he has to initial about 30 times and sign on the bottom to plead guilty. And the crime he is pleading to is set forth at the top. Then standing there in open court, and have the judge wave the Tahl form at him and asking him a few questions on the form to make sure your Dad understood what he was doing. But getting through all that he wants now to withdraw his plea. Then have your Dad tell his attorney to set a motion to ask the court to allow him to withdraw his plea. And these are sometimes granted.