Legal Question in Criminal Law in California

withdraw criminal

Can I withdraw a 20 years old nolo contendere plea misdemeanor?

and try to fight now, because I think I was ill-advised


Asked on 10/21/08, 3:00 pm

5 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: withdraw criminal

Obviously, no.

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Answered on 10/21/08, 3:07 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: withdraw criminal

No, but you may be able to have the conviction expunged.

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Answered on 10/21/08, 3:17 pm
Joshua Hale Hale Law Group

Re: withdraw criminal

You may attempt to request it, but I do not know any judge that would honor the request. It is an issue of proof, and of fairness.

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Answered on 10/21/08, 3:29 pm
Brian McGinity McGinity Law Office

Re: withdraw criminal

The simple answer is No. However you may be able to do the next best thing which is to have your record expunged. Under California Penal Code 1203.4 your record may qualify for an expungement and although it is not the same thing as fighting back it is close. Good luck

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Answered on 10/21/08, 9:13 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: withdraw criminal

I would check with the Department of Justice in Sacramento whether the conviction even exists anywhere on the record. I had a client who was convicted in 1980's of petty theft and the trace of her conviction disappeared, both from the local court and DOJ. If it cannot be found anywhere, it does not exist, in my humble opinion.

Otherwise, have you conviction expunged.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 10/22/08, 2:14 am


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