If you show good cause and meet the other requirements, you may be able to withdraw your plea.
Imagine this scenario: after being pulled over while driving, you are arrested for possession of narcotics, and decide to plead guilty, despite knowing that the drugs were not yours. You assumed that your brother, who has a drug problem, must have left them in the car — and you’re willing to take the hit for him. You did not have an attorney when you pled guilty. But then you learn that your brother was never in your car — and the officer who arrested you has been credibly accused of planting drugs on other suspects. What can you do?
According to a drug defense lawyer Los Angeles, CA, you may be able to file a motion to withdraw your guilty plea. A motion to withdraw a plea is exactly what it sounds like: asking the judge to allow you to withdraw (or take back) your guilty plea. But there are only certain circumstances when you can file a motion to withdraw your plea.
California law allows defendants in criminal cases to file a motion to withdraw their pleas (1) at any time before they are sentenced, or (2) within 6 months of a probationary sentence. To do so, they must show “good cause” and fall into one of the following two categories:
He or she pled guilty or no contest without an attorney; OR
He or she pled guilty or no contest while represented by an attorney.
In the first situation, the court must allow the defendant to withdraw his or her plea and substitute it with a plea of not guilty. In the second situation, the court may allow the defendant to withdraw his or her plea.
In a motion to withdraw a plea, “good cause” must be proven by clear and convincing evidence. It means that you entered your plea as a result of a mistake, incompetence, ignorance, or some other factor. For example, if a person entered a plea without awareness of the consequences of doing so, then that may be good cause. Other reasons may be a language barrier that prevented a defendant from understanding, or having an incompetent lawyer.
In the above case, because you were not aware of all of the facts of the case at the time that you entered your plea and you were not represented by an attorney, you may be permitted to withdraw your plea. This would give you the ability to hire a drug defense lawyer Los Angeles, CA, and mount a defense to the charges against you. However, if you lose your motion to withdraw your plea, you could file an appeal of the decision. You could also file for your conviction to be expunged after you have completed the terms of your probation.
Arraignment can be an intimidating time, particularly if you are not represented by a knowledgable drug defense lawyer Los Angeles, CA. If you make an error in pleading guilty or no contest to a California criminal charge, you may be able to file a motion to withdraw your plea. A skilled drug defense lawyer Los Angeles, CA can help. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
