If you entered into a plea bargain and pled guilty to a felony in California and realized that you have made the wrong decision you may be able to rectify that. In the state of California, California law provides an opportunity for criminal defendants to withdraw a plea of guilty or “no contest” by filing a Motion to Withdraw Plea.
California Penal Code Section 1018 states that
“On application of the defendant at any time before judgment or within six months after an order granting probation is made if entry of judgment is suspended, the court may, and in case of a defendant who appeared without counsel at the time of the plea the court shall, for a good cause shown, permit the plea of guilty to be withdrawn and a plea of not guilty substituted.”
Defendants need to pay close attention to the language in California Penal Code 1018 as it states the court “may” allow a defendant to withdraw their plea if they were represented by council during the time of the plea. On the other hand, the same section states that the code “shall” allow the defendant to withdraw their guilty plea if he/she was not represented by council during the time of the plea.
Defendants looking to withdraw their pleas and file their Motion to Withdraw Plea must show good cause to do so. You must be able to show that at the time you entered the plea that you either did not have full understanding of the consequences of your actions or that you were misinformed by the plea.
If you are considering entering into a plea bargain within the state of California or have already entered a plea and wish to withdraw, contact our office and seek counsel and representation. The representatives at Chambers Law Firm can help you make the right decision on your criminal plea.
