Legal Question in Criminal Law in California
Statements admissible after Withdraw/Reverse Plea?
There are several defendants involved where the charges are conspiracy to commit murder and conspiracy to commit kidnapping. There is no physical evidence, no witnesses and no victims. All pled guilty in a plea bargain and none of the defendants have been sentenced. What is required to withdraw their guilty pleas? We are wondering if the statements they gave to the police are admissible at trial if they reverse their pleas?
3 Answers from Attorneys
Re: Statements admissible after Withdraw/Reverse Plea?
A motion must be made prior to sentencing. Contact me directly.
Re: Statements admissible after Withdraw/Reverse Plea?
They would have to file a motion to set aside the plea. These motions are difficult and must be on the ground that they were somehow coerced or there was some other constitutional violation.
Re: Statements admissible after Withdraw/Reverse Plea?
You haven't said anything about how these statements were obtained, but if the statements were voluntary, they are admissible, which goes to show why people shouldn't make statements to the police.
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