California Penal Code section 1018 allows a defendant to withdraw a guilty or no contest plea under certain circumstances.

A defendant who did not have the assistance of an attorney during their criminal case must be allowed to withdraw their guilty or no contest plea before sentencing or within six months after being sentenced, so long as the sentence included only probation instead of jail or prison time. If an attorney represented a defendant, then the court may allow withdrawal of a guilty or no contest plea under the above-mentioned conditions so long as the defendant can show “good cause.”

“Good Cause” means that you entered your plea as the result of ignorance, mistake, incompetence, inadvertence, or some other factor that demonstrates overreaching. The motion should be granted if you did not knowingly and intelligently waive your rights.

Even if a defendant is sentenced to jail or prison, all hope is not lost. A Writ of Habeas Corpus may be filed once all other remedies have been exhausted. There are several arguments that can be set forth to withdraw a plea through a Writ of Habeas Corpus. For example, if the law that was used to convict a person is found to be unconstitutional, withdrawal is possible. Another argument that is often used is that the defendant was provided ineffective assistance of counsel.

If you feel that you are entitled to withdraw your guilty or no contest plea, call the Champion Law firm today to speak to an experienced and knowledgeable criminal defense attorney. Consultations are always free.

If you’re looking for a Los Angeles Withdrawing Guilty Plea Attorney, contact us today.