Matt Horeczko- Can You Withdraw Your Guilty Plea? (PC 1018)
Those who have pled guilty to a criminal charge in California may think that their conviction cannot be reversed, however, that is not always the case. When individuals are charged with a crime and brought before the court, the judge will ask them to plead guilty. According to Matt Horeczko , the judge will then sentence them according to the law or any plea agreement they have reached. However, in some situations, it may be possible for a defendant to file for a withdrawal of the plea. What Are the Steps Toward Making A Motion Of Withdrawal Of Plea? If you wish to withdraw your guilty plea, your lawyer must draft a motion of withdrawal of plea and file it with the court. Generally, a motion of withdrawal of a plea may be made at any time before sentencing or within six months of the entry of judgment. Withdrawing a guilty plea after sentencing can be a much more complex process and may require filing a petition for habeas corpus or a petition under PC 1473.7. Reasons For ...