Legal Question in Criminal Law in California
Time line to file appeal or withdraw plea
I was assigned a P.D. that I had total confidence and trust in.(never been in trouble before). We met several times to discuss my case. He undestood that I wouldn't accept a deal(o so I thought)and I would go to jury if I had to. I gave him TONS of witnesses, info, etc.. He assured me he felt confidant,UNTIL the day of trial. To my horror, when the judge asked the DA # of witnesses he had a reply, then asked my P.D. and he actually stutered and fidgeted and said (after some delay''umm I am not sure Your Honor'' . At which we went to recess.Out in the corridor he made it clear he wanted me to take a deal.He didn't want to go to trial. I didn't know what to do. As he emphasized the punishment if we lost would be worse then taking the deal. I had 100% faith the jury would find me innocent, but not if he wasn't into it. I felt he wouldn't even try. So I accepted the deal and now regret it. Is it to late to do something? I haven't been sentenced yet.
1 Answer from Attorneys
Re: Time line to file appeal or withdraw plea
Your only option is to gather the police report and list of witnesses and consult with an attorney. If you act very quickly you may be able to get some relief. It is very difficult to set aside a plea. This is especially true when you were represented by an attorney. However, if it has been more than a few weeks since the plea was entered.
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