Withdrawing or Modifying a Plea

Navigating the Complexities of Withdrawing a Plea in California

In California, the process of withdrawing a guilty plea involves intricate legal considerations and procedural requirements. This article provides a comprehensive overview of the process, focusing on the grounds for withdrawing a plea, the procedural steps involved, and the potential outcomes based on California law.

You should understand that the Courts are reluctant to allow a person to withdraw their plea because the court prefers to have cases that have resolved to remain resolved and not start again.

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Understanding Plea Withdrawal

A motion to withdraw a plea is a legal request to take back a plea previously entered in a criminal case. In California, the motion would have to be filed prior to sentencing, or within six months of sentencing if you are placed on probation.  The motion must state that there is “good cause” to allow for the withdrawal of the plea. The effect of withdrawing a plea is to erase the conviction and return the person to the same position they were in prior to entering a plea on the case.  It would allow the person to go to jury trial on the case or achieve a different outcome.

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Grounds for Withdrawing a Plea

California law permits the withdrawal of a plea only under specific circumstances.  The law specifically requires that the court allow the withdrawal of the plea if the person can show “good cause,” and they fall into one of the following categories.  A change of mind is not sufficient.

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1. Involuntariness of the Plea: A plea must be entered voluntarily and with a full understanding of the consequences. If the defendant can show that their plea was made while they were under duress, without adequate knowledge of the charges and potential penalties, or they were coerced, the court may consider it invalid, and allow the plea to be withdrawn.  This is generally an argument that can be made when the defendant was not represented by an attorney when they entered a plea.
2. Misrepresentation or Fraud: If it can be proven that the plea was entered based on false information or fraudulent assurances made by the prosecution or defense, the plea may be subject to withdrawal.  The misrepresentations or fraud must be shown to have caused the plea to be entered.
3. New Evidence: The discovery of new evidence that could exonerate the defendant or significantly alter the case’s outcome may also provide grounds for plea withdrawal.  The Court may focus on when the evidence was discovered, and why it was not discovered until after the plea was entered.
4. Ineffective Assistance of Counsel: If the defendant can demonstrate that their attorney’s performance was so substandard that it violated their constitutional right to an attorney, a court may grant the motion to withdraw the plea.  This finding may have an impact on the attorney’s career so the courts are very hesitant to find an attorney was ineffective

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Procedural Steps for Withdrawing a Plea

1. Filing the Motion to Withdraw Plea:: The defendant must file a formal motion with the court requesting to withdraw the plea. This motion should be supported by legal arguments and relevant evidence demonstrating why the defendant should be allowed to withdraw the plea agreement.
2. Timing: In California, the motion to withdraw a plea must be filed within six months of the plea being entered, or prior to sentencing.   
3. Court Hearing: After the motion is filed, the court will schedule a hearing where the defendant and their legal counsel will present their arguments. The prosecution will also have an opportunity to respond.  If the argument is ineffective assistance of counsel, the prior attorney may appear to testify that they were effective in their representation.
4. Court’s Decision: The judge will evaluate the motion based on the evidence offered and legal arguments. If the court finds the reasons compelling, it may grant the motion and allow the defendant to withdraw the plea.  If the court is unpersuaded, then the sentence remains as previously imposed.

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Outcomes of Motion to Withdraw a Plea

If the court grants the motion to withdraw a plea, the case will revert to its status before the plea was entered. This typically means that the defendant will be permitted to enter a new plea or proceed to trial on the original charges. If the defendant enters a not guilty plea, the case may start all over again and the prosecutor’s prior offers may no longer be available.  Also, if charges in the case were dismissed as agreed to when the plea was entered, will be returned to the charges they are facing. 

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If the motion is denied, the defendant remains bound by the original plea and must proceed with sentencing or any other post-conviction procedures.

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Legal Assistance and Considerations

Deciding whether it makes sense to try to withdraw a plea in California requires a thorough understanding of criminal procedure and effective legal representation. Preparing and arguing a Motion to Withdraw Plea requires the specialized knowledge of a criminal defense attorney.