California Penal Code 1018 describes the withdrawal of a plea. This law grants a defendant the right to withdraw a guilty or no-contest plea if there is good cause.
This means a defendant who pleads guilty in a criminal case as part of a plea agreement could decide they made a mistake and now believe they should have pleaded not guilty. In this type of situation, a defendant will need a lawyer to help them navigate the complex process of filing a Motion for Withdrawal of Plea, which is a request to the court asking them to take back the plea.
If the motion is granted, the legal proceedings will go back to the arraignment. If the defendant had reached a plea bargain with the prosecutor, it will be voided and there is an opportunity for a trial. It should be noted a defendant must have legal grounds to withdraw a guilty plea. This means a defendant can't just withdraw a guilty plea because they just regretted the decision to plead guilty. The consequences of withdrawal are significant and should be carefully considered.
Legal grounds to withdraw a plea can include bad communication between a defendant and their criminal lawyer. For example, a defendant may not have been sufficiently informed about the weaknesses in the prosecutor's case.
Another example is a situation in which a defendant agrees to plead guilty in a plea bargain. Still, before they are sentenced, they discover the plea bargain is different from what they agreed to, and they are not properly informed of the consequences.
Suppose you are seeking a withdrawal of your guilty plea. In that case, you need to consult with a criminal defense lawyer who will need to review the details of the case to determine whether a motion for withdrawal of plea has any chance of success. There are many situations where filing the motion to withdraw the plea will not be in the defendant's best interest as it could result in a harsher sentence.
Our Los Angeles criminal lawyers have provided an overview below to help readers better understand a motion to withdraw a plea.
Definition of California Penal Code 1018 – Withdrawing a Plea
California Penal Code 1018 PC defines withdrawing a plea:
- All pleas will be entered or withdrawn by the defendant in open court. For a defendant, any time before judgment or within 6 months after being granted probation and judgment is suspended, the court can, for a good cause shown, permit the plea of guilty to be withdrawn and a plea of not guilty substituted.
It's crucial to understand the key phrase “for a good cause shown.” In simple terms, this means that a defendant must have a valid legal reason to withdraw their plea. This could be due to a mistake, ignorance, or other factors that prove they didn't intend to enter a guilty plea.
Penal Code 1018 requires a defendant to show “good cause” to file a motion to withdraw a guilty plea. This means a defendant must be able to demonstrate that the guilty plea was entered in court due to a mistake, ignorance, or other factor proving they didn't intend to enter a guilty plea.
The California criminal justice system defines “good cause” as any of the following relating to a defendant in a criminal case:
- Didn't have a lawyer when they agreed to a plea bargain
- Had an incompetent lawyer or ineffective assistance
- Didn't understand the consequences of the plea bargain
- Was not advised of constitutional rights
- There was a language barrier when the plea was entered
For example, a defendant may agree to a plea bargain but later discover that it could lead to deportation, and they may not have been advised of the consequences.
If the court decides to grant a motion to withdraw of plea, then the criminal case will be placed back into the same position before the guilty plea. The defendant will then have the right to negotiate a new plea bargain or take the case to trial.
Legal Process to Withdraw a Plea
A defendant can file a motion to withdraw the plea before sentencing or up to 6 months after their sentence, as long as the sentence is probationary.
A motion of withdrawal of plea needs to be prepared by a criminal defense lawyer and filed with the court for any defendant who wants to seek to withdraw a guilty plea.
A motion to withdraw a plea can be filed at any time before sentencing or within six months of the entry of judgment. After the motion has been filed with the court, the defendant's criminal attorney will work to prepare a solid case that proves to the court that they entered a plea without a clear understanding of the plea conditions.
At the actual hearing where the motion is decided, the lawyer will present the case in such a way as to persuade the judge you do have the required “good cause” to withdraw the plea. Next:
- If the motion to withdraw the plea is denied, the judge will proceed to sentence
- If the motion to withdraw the plea is granted, the case is reopened, and the defendant enters a not-guilty plea and starts over at the arraignment process
As stated, if a defendant files a motion to withdraw a guilty or no-contest plea, any plea bargain that the prosecutor may have previously offered is no longer valid.
Withdrawing a Plea After Conviction
If a defendant has already been convicted and sentenced, withdrawing a guilty plea is a complicated process, but there are a few options for challenging the initial plea.
A defendant would then need to submit a petition for a Writ of Habeas Corpus or a motion to vacate a conviction or sentence described under California Penal Code 1473.7.
The primary goal of a habeas corpus is to get a conviction overturned based on new evidence of an improper legal process in the trial. Again, this is a complex process that will require legal representation from a lawyer with experience in the appeals process.
If you believe you have good cause to file a motion to withdraw a plea, contact our Los Angeles criminal defense lawyers to review the details and options.
We have decades of combined experience and understand how to effectively argue for the withdrawal of guilty and no-contest pleas. You can trust our expertise in handling such cases.
Cron, Israels & Stark is a criminal defense law firm located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We also have an office located at 401 Wilshire Blvd #1200, Santa Monica, CA 90401.
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