May

08

Welcome to withdraw plea .com.  Please feel free to view our site relating to withdrawing a plea.  Withdrawing a plea relates to plea agreements in criminal convictions.  While withdrawing a plea may be relative to most states, in this site we will focus on the California Penal System and California courts.

Withdrawing a plea is when one motions the court to withdraw a plea agreement made with that court on an former case.  Most of the time, when a plea is withdrawn, it is exchanged for another lessor plea as part of a negotiation with the district Attorney’s office and Judge.

The motion to withdraw plea is a tool to eliminate any conviction and remove it from ones record.  It is efficient for eliminating and avoiding a ground for deportation, exclusion and sometimes eliminating any issues regarding “good moral character.”

The motion to withdraw plea may be made in the trial before judgment or within a certain period of time after judgment.  Withdrawal of plea is a discretionary form of relief, and is a tool used in cases of mistake, inadvertance, excusable neglect, or constitutional defects are present.

Beyond the option of withdrawing a plea, there are other options available to resolve a conviction that is adversely affecting your record.

There are several options for post conviction relief beyond withdrawing a plea.  There is the option of making a motion to vacate judgment.  There is also an expungement of the conviction.  Depending on what your needs are in this form of conviction relief you seek.