Legal Question in Criminal Law in Texas
set aside plea agreement
which type of motion would you use to set aside a plea agreement, and how much time does one have to send in this motion from the time you get sentenced?
Asked on 9/03/07, 10:50 pm
1 Answer from Attorneys
Elena Condes
LAW OFFFICE OF ELENA CONDES
Re: set aside plea agreement
In California, your conviction isn't final until 60 days beyond the sentencing, assuming you haven't filed an appeal.
As for a motion to set aside a plea agreement, generally you have to show that you were denied a fundatmental right which prevented you from making a knowing and intelligent waiver of your rights.
I hope this answered your question.
Elena Condes
Answered on 9/04/07, 3:43 pm
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