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If you plead guilty to one or more criminal charges in a California federal court and now regret your actions, it may be possible to withdraw your guilty plea and seek a better outcome by aggressively fighting your case. An experienced California defense lawyer from The Kavinoky Law Firm can thoroughly analyze your federal case to determine whether it may be possible to withdraw your guilty plea.
The complexity of withdrawing a guilty plea in a California federal court depends greatly on whether or not you’ve been sentenced for your offense. The courts will generally allow you to withdraw your plea prior to sentencing if you can demonstrate good cause.
Some common reasons for withdrawing a guilty plea in a California federal court case include not understanding the consequences of your actions, being pressured into pleading guilty, not being represented by competent counsel or by any lawyer at all, or having your constitutional rights violated.
Withdrawing a guilty plea to a federal offense after sentencing is a far more complex process that generally requires the filing of a federal petition for a writ of habeas corpus, also called a 2255 petition. A successful 2255 petition requires that you establish that legal or factual errors occurred in your case that were not part of the trial record.
There are consequences to withdrawing a guilty plea in a California federal court, but the rewards may far outweigh the risks. Withdrawing your guilty plea essentially restarts your case, meaning that you must prepare to either defend yourself in court or negotiate a more favorable plea bargain.
In addition to restarting your federal court case, withdrawing your guilty plea will prompt the prosecutor to refile any charges that were dropped as the result of the original plea bargain.
Despite the risks, you may obtain vast benefits from withdrawing your guilty plea in your federal court case and seeking justice. By aggressively fighting the charges against you, you’ll gain the satisfaction of knowing that you have done everything possible to safeguard your rights and your freedom.
If you choose to petition a California federal court to allow you to withdraw your plea, an experienced California defense lawyer from The Kavinoky Law Firm can be at your side every step of the way. To learn more about your options in withdrawing a guilty plea in a California federal court case, please contact a skilled defense attorney today at 1.877.4NO.CUFFS for a free consultation.