Legal Question in Criminal Law in California

Possible to withdraw plea, inadequate representation

In August '03, my fiance was sentenced to 4 yrs in prison, charged with ex-felon in possession of a firearm. He met with a Pub. Def. once before his court date, then at the hearing, a different P.D. represented him. He feels he was pressured into taking the plea so the mother of his 7 yr. old daughter could go to a drug program, not jail (she was charged with possession at the same time). He feels he was rushed into this plea, his attorney was not thorough, didn't explain consequences or options. and was not 'fighting' for him. Is it possible at this point to withdraw his plea, and what are the possible options? (going to a program, reduce time?) Any information is greatly appreciated. Thank you.


Asked on 2/22/04, 5:54 am

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Possible to withdraw plea, inadequate representation

This is what PDs do. They pressure people into taking pleas. It's probably too late to help the guy (but you could always make an appointment and consult in person with a criminal law attorney). If you two couldn't afford a lawyer then, what would withdrawing a plea get you? Another PD?

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Answered on 2/22/04, 1:34 pm

Re: Possible to withdraw plea, inadequate representation

IT maybe too late to try to withdraw the plea, but you have nothing to lose by trying. You should try to arrange a better deal before the plea is withdrawn.

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Answered on 2/22/04, 3:38 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Possible to withdraw plea, inadequate representation

It is probably too late to withdraw the plea, but your fiance may be able to bring a petition for a writ of habeas corpus. These petitions are usually denied, but depending upon the facts he could win.

If he wins, he will be put right back where he was before the plea -- in custody and headed for trial unless he cuts a new deal.

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Answered on 2/22/04, 7:10 pm


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