Legal Question in Criminal Law in California
In the state of California, can a no contesr plea be reconsidered if the terms and conditions of the charge were explained after pleaing?
2 Answers from Attorneys
A defendant may make a motion to withdraw their plea within 6 months of a grant of probation. You must establish good cause to withdraw your plea. If you can establish that the rights and consequences were not adequately explained, that may do it... but there is a signed plea form and I presume an oral waiver taken that will be difficult to overcome.
If you're intent on doing this, consult face to face with a criminal defense attorney who routinely practices in the court where your case is.
I've never seen the terms and conditions of a plea explained after a plea. There is always a form that is signed by both the attorney and defendant, and the defendant must initial a number of boxes that explain these rights. In every court that I have been in, the judge goes over this form, and asks the defendant questions about the form to make sure they understood and that it was explained to them. That questioning is always part of the record.
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