Legal Question in Criminal Law in California

Re: pleading

I think you already know what my answer would be. Theoretically you, yourself could file a motion to have the court set aside your plea. The difference is, you are doing it for the first time. I, and I presume many other lawyers, have been there, done that, had the motion granted, and got the defendant acquitted afterward. Even if you win your motion, what are you going to do, a jury trial in pro per?

Re: pleading

Different rules apply to withdrawing your plea depending upon factors such as how long ago your plea was entered or what stage of the criminal proceedings you are in, for example, whether you have been sentenced or are on probation. Generally, you file your motion at the courtroom where you entered your plea. Before you file your motion, you should have a good idea what you are trying to do. Are you sure you want to go to trial?

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com