Legal Question in Criminal Law in California

withdrawing my plea

I plead guilty to a Felony grand theft charge. I really feel Im not guilty and am losing sleep over this decision. Is it possible to withdraw my plea because I felt I got inadequate representation..My attorney 1. never went over the case with me to hear my side of it 2. said that if I dont accept this plea at the pre-trial, i have no other options but to take it to trial and that Im looking at serious prison time. 3. said that the deal was on the table for this one day only after that no deal possibility. 4. not even talking to the DA up until a week before pre-trial because I kept forcing him to atleast make a call. I basically got 90 days home confinement (pending approval from prob dept., and if I pay 10k restitution) and 3 years probation. If they dont approve im looking at 90 days jail and if I dont pay then im looking at 9mos jail. I really felt I had a good case and felt pressured at accepting a deal w/o even having a chance to think about it. Would a plea be on and off the table in one day? Would there be a chance of a better plea down the line if my attorney was actually acting in my favor instead of just tyring to close the case?


Asked on 2/04/08, 3:45 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: withdrawing my plea

Let's see: instead of getting several years in prison after a probable loss at trial, you got HOME CONFINEMENT!! and a restitution order. Oh my God, what an awful deal!! That attorney must have been totally off his game that day for not getting you an apology from the DA for bringing charges! If you were so sure it was a 'good case', all you had to do is say no to the deal and take it to trial. Bitching now is unbecoming.

Sure, you might be able to set it aside with a plea withdrawal, and the DA might even be happy if you did that. I'm willing to speculate that the judge would grant the motion after seeing the terms of this deal that he can set aside. That's because the DA and judge know there would be NO NEW DEAL ever offered, and you would then have go to trial and prove your alleged 'good case' defense to avoid those several years in prison.

This is a classic case of 'put your money where your mouth is'. Withdraw it if you're really, really sure about your 'good case'. Just keep in mind that run of the mill prosecutors have at least 95% conviction records, the best are better yet. That's why smart defendants take good deals when they stumble into them.

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Answered on 2/04/08, 5:36 pm


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