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There are numerous reasons why you may want to withdraw your guilty plea in your California criminal case, but generally defendants who seek to do so want to obtain a more favorable outcome than they achieved with their original guilty pleas.
Under California law, a defendant who demonstrates good cause can withdraw a guilty plea any time before sentencing or within six months after an order granting probation. It’s also possible to withdraw a guilty plea after sentencing, but the process is far more complex.
You and your attorney must demonstrate good cause for the court to grant your request to withdraw your guilty plea. There are many valid legal grounds for withdrawing a plea in a California state court case.
If you were not represented by an attorney when you pled guilty, the court must allow you to withdraw your plea. Similarly, if your counsel was ineffective, you must be allowed to withdraw your plea and start your case again.
"Good cause" to set aside 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.”
Defendants are commonly allowed to withdraw guilty pleas after demonstrating that they weren’t advised of their constitutional rights or of the consequences of their plea. The courts have also ruled that you must be allowed to withdraw your plea if you entered into a plea bargain that was later reneged upon by the prosecutor or judge.
If the court approves your request to withdraw your plea, your case will be restored to the same status as before you entered your guilty plea. This will include the restoration of any charges dropped as the result of an uncompleted plea bargain.
If you pleaded guilty to a criminal charge in a California state court and now regret doing so, an experienced defense lawyer from The Kavinoky Law Firm may be able to help you withdraw your plea and seek justice. Please contact us today at 1.877.4NO.CUFFS for a free consultation.