Legal Question in Criminal Law in California

Re: Taking a case to trial after entering a plea

In short, as a general rule, No. "Buyers remorse" (which is the extent of the facts included with your question) is not an accepted basis for the court to allow one to withdraw a plea (which must occur in order to now proceed to trial).

There are limited basis' upon which the court would allow one to withdraw. However, you should have an attorney review ALL the circumstances to render a fact specific opinion.

Thanks.

QSimms

Re: Taking a case to trial after entering a plea

Probably not. You would first need to withdraw your guilty plea, and that is allowed only in very unusual circumstances. I have no idea whether such circumstances are present in your case.

Re: Taking a case to trial after entering a plea

A simple change of heart and mind about taking your plea will almost certainly not be enough to withdraw your plea and set aside the judgment. As a general rule, you would need something very significant in terms of, for example, new evidence which was not known at the time you took the plea, or major misconduct on the part of your lawyer. You might have good cause to take your plea back if you discovered you are subject to negative immigration consequences. You should have a lawyer to review your situation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com