Legal Question in Criminal Law in California

withdrawing a guilty plead

when I withdraw a guilty plea and open a retrail on an old case will the court appoint me a public defender?


Asked on 5/27/09, 6:54 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: withdrawing a guilty plead

Withdrawing a guilty plea is not as straightforward as you seem to think. You have to show good cause why the court should let you do this, and chances are that you won't be able to. This is especially true if you are trying to do it on your own.

If you are able to withdraw your plea, and if you are indigent, the court will appoint a public defender for you.

Read more
Answered on 5/27/09, 7:03 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: withdrawing a guilty plead

Yes, but it's suicide to go to a trial without an attorney. It is not as simple as it may look to an observer. There is soooo much you need to know and prepare. You don't stand a chance alone. You can get the P.D. IF you qualify financially. I would check with the P.D. FIRST on that before you go getting the case reopened, assuming you can.

You say this is an OLD case? You mean like a final judgment? If so, the only way to "reopen" it and get a retrial is to win a coram nobis writ. You think you can do that without counsel? I don't.

Read more
Answered on 5/27/09, 7:04 pm


Related Questions & Answers

More Criminal Law questions and answers in California