Withdrawing a Guilty or No Contest Plea
An Experienced Criminal Defense Firm Can Help You Withdraw Your Plea
At any time before judgment or within 6 months after an order granting probation, and if entry of judgment was suspended, the court may permit the withdrawal of a guilty plea in California and the entry of a not guilty plea upon a showing of good cause. The decision to move to withdraw a guilty plea belongs to the defendant. Counsel may not simply refuse the defendant’s request to make the motion.
“Good cause” to set aside a guilty plea is shown when the defendant demonstrates that the plea was entered as the result of mistake, ignorance, inadvertence, or some other factor that demonstrates the defendant did not intend to accept the plea.
In one case, the defendant was allowed to withdraw guilty plea because he was not told that prison was mandatory if he pleaded guilty to robbery with use of a gun. In another case, the defendant was allowed to withdraw his plea because the prosecution withheld favorable evidence.
Other “good cause” can be demonstrated by showing that previous counsel was inadequate. Often, pleas are withdrawn if previous counsel fails to advise the defendant of his or her constitutional rights and/or counsel fails to specify the consequences of the plea agreement. When a defendant successfully withdraws his or her guilty plea, the case is restored to its status before entry of the plea; however, this includes revival of any charges dismissed under the plea bargain.
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