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Plea Withdrawal

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Plea Withdrawal

Summary: This page covers Plea Withdrawal – PC 1018, How the plea withdrawal process works, Losing a plea withdrawal motion.

Plea Withdrawal – PC 1018

A motion to withdraw a plea is a request made to the court to reverse the criminal court process in order to give you a fresh start. Such a motion is only granted once the judge has established the presence of good cause, which may be:

  • You entered the plea without attorney representation,
  • Your attorney did not inform you of some or all of the consequences of pleading guilty or no contest,
  • You were coerced into pleading guilty,
  • The attorney who represented you was incompetent,
  • Language barrier,
  • Where new evidence has surfaced,
  • The attorney entered a guilty plea without your consent,
  • You did not intelligently plead guilty, perhaps as a result of intoxication or mental handicap.

Under California penal code 1018, as long as a defendant demonstrates good cause and files a plea withdrawal before sentencing or within 6 months of a probation sentence, then such a defendant

  • Has a right to file for a withdrawal in order to be given the opportunity to enter a not guilty plea, if the original guilty plea was entered without guidance from an attorney
  • Has a right to file for a withdrawal, even where they had attorney representation.

It is also possible to withdraw a plea even after incarceration through a writ of habeas corpus. Your attorney can argue that your detention is unlawful because of certain details in your particular criminal case. You can also enter a motion for expungement once you have served your prison sentence. Expungements, although they don’t completely erase your conviction in California, effectively withdraw your plea.

A withdrawal plea is filed when you realize that pleading guilty or ‘no contest’ was not in your interest. For example, you may be advised that your plea will lead to unexpected penalties, or that a new, different plea is available and may result in a lighter sentence

How the plea withdrawal process works

As long as you are working within the specified timeframe for filing for a plea withdrawal, you and your attorney can build your case to show there’s good cause for your plea. During the hearing, your criminal defense attorney will present your case to the court in good faith that the judge will accept the presence of good cause and grant the plea to withdraw.

If the plea withdrawal is granted, the criminal proceedings will start over, and you will get a new chance to plead not guilty. If the plea withdrawal is denied, you will be sentenced or continue serving your sentence.

Any plea bargains you had with the prosecution will be voided when you file a motion to withdraw a guilty plea.

Losing a plea withdrawal motion

Losing your withdrawal motion binds you to your sentence. You do still have the option of filing an appeal while you serve your sentence, or expunging the conviction after the successful completion of probation. Through the appeals process, you can appeal the decision to deny the withdrawal plea by demonstrating that The judge:

  • Made a legal error in the ruling
  • Abused his/her power

An expungement can only be granted after full completion of a sentence. The process results in permanent erasure of a criminal record and thus gives you the right to state that you have never been convicted of any crimes.

Your criminal attorney can also petition for termination of probation and if this is successful, it means that you cannot be charged with probation violation since the court has withdrawn the penalty.

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Mr. R was charged with embezzling close to $100,000 as a utility salesperson using a scheme to steal customers’ identities. Client avoided any jail time and received probation.

Mr. P was charged with embezzling equipment from John Wayne Airport while working as a contractor. Our office negotiated a civil compromise, resulting in the dismissal of felony charges and sealing his arrest record.

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Ms. Johnson-Norris represented my wife and me in a motion for relative placement of our grandchild. This was part of a nightmarish case involving the SSA, a corrupt and broken system rife with cronyism, ineptitude and conflicts of interest. Ms. Johnson-Norris was recommended to us as an expert in this area and we are so grateful to her for how she helped us. I’m experienced in dealing with attorneys in commercial and civil issues through my career, but dependency court is a bizarre world where normal rules and rights do not apply. In OC, it is a closed system filled with bias, and outsiders are at a disadvantage. Ms. Johnson-Norris is highly respected in this world and highly effective. She is always professional and an excellent communicator, never failing to return calls and emails promptly as we navigated this valley of terror. She was always prepared with thoughtful, intelligent, reasonable, and realistic counsel. She continues to guide, represent, and help us as things wrap up. I can’t recommend her highly enough. She is highly credible and experienced in this area of law, and there are not many who are. We are so glad she represented us. Her guidance and insight were invaluable to our family, and her teaming with the other counsel for our family was highly effective.

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M.B., a Family client

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We provide immediate crisis command by reviewing the allegations against you and intervening with law enforcement to prevent further exposure. From the moment you retain the Firm, we act as your shield, managing all communications and executing a decisive strategy to protect your liberty and reputation.

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