In some cases it’s possible to withdraw a guilty plea made in a California state or federal court, but there are consequences to doing so.  However, the rewards of withdrawing a guilty plea and seeking a more favorable outcome in your California criminal case may outweigh the risks. An experienced California defense lawyer from The Kavinoky Law Firm can review your case and help you to determine whether petitioning the court to withdraw your guilty plea is in your best interests.

Although there are many reasons why you may want to withdraw your guilty plea, doing so means that your California criminal case will be restored to the same status as before your guilty plea. This means that you and your defense lawyer must prepare to negotiate a more favorable plea bargain or take your case to trial.

Withdrawing a guilty plea made as the result of a plea bargain means that any charges dropped in exchange for your guilty plea will be fully restored. Your defense attorney must negotiate a new plea bargain that takes those restored charges into consideration or develop an aggressive defense strategy to fight those allegations in court.

Choosing to withdraw your guilty plea and restart your case also means devoting additional time and money to an issue you once thought resolved. However, if doing so means that you ultimately receive a reduced sentence in your California criminal case, the resources you devote to this effort may well be worth it.

Not all California criminal defendants can withdraw their guilty pleas. Your defense lawyer must establish the legal grounds to do so. However, under California law, the court must allow you to withdraw your guilty plea if "good cause" exists. “Good cause” to withdraw a guilty plea exists when the defendant demonstrates that the plea was made as a result of “mistake, ignorance, inadvertence, or some other factor that demonstrates overreaching.”

You may also withdraw your guilty plea in your California criminal case if you weren’t represented by an attorney when you entered your plea or if your counsel was ineffective. You also may have grounds to withdraw your plea if your constitutional rights were violated, although defendants are required to waive many rights when they enter a guilty plea in a California criminal case.

Withdrawing a guilty plea in a California criminal case is far less complicated if it’s done before sentencing or within six months of entering the plea. It may be possible to withdraw a guilty plea after sentencing, but the courts are less likely to look favorably upon the request.

If you’re contemplating withdrawing your guilty plea in your California criminal case, you should know that there are pros and cons to doing so, but the benefits may far outweigh the risks. To learn more about your options, please contact an experienced California defense lawyer from The Kavinoky Law Firm today at 1.877.4NO.CUFFS for a free consultation.