Legal Question in Criminal Law in California
withdrawing a plea bargain
can you withdraw a plea bargain/ guilty plea before sentencing day? if so how? Charges are 1 count of Pc422 and 1 count of PC 646.9 (A)
2 Answers from Attorneys
Re: withdrawing a plea bargain
In general the time to start fighting your case is at the beginning, but it's not too late to withdraw your plea. Hint: The public defender won't help you with this.
Re: withdrawing a plea bargain
It is rather difficult to do but it is not impossible. You may be able to withdraw your plea if you were not properly advised of the exposure you were facing when you entered the plea. You may be able to withdraw your plea via claims of ineffective assistance of counsel. You may be able to withdraw your plea if the District Attorney has in anyway violated the plea agreement. You may be able to withdraw your plea if you pled to a felony and you were not represented by counsel at the time you entered the plea. Best thing for you to do is contact an experienced criminal defense attorney as soon as possible.
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