California Penal Code 1018 allows a defendant to withdraw a guilty or no-contest plea if there is “good cause.”
This law recognizes that not every plea is entered knowingly, intelligently, and voluntarily.
If a motion to withdraw a plea is granted, the case returns to the stage before the plea was entered. The defendant may enter a not-guilty plea and either renegotiate or proceed to trial.
However, withdrawing a plea is not automatic. Regret alone is not enough. A defendant must present legally recognized grounds supported by evidence.
Your best chance at a positive outcome is with an experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles.
To schedule a consultation, call (424) 372-3112 or use the contact form here.
What Is California Penal Code 1018?
California Penal Code 1018 states that a defendant may withdraw a guilty plea:
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At any time before judgment, or
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Within six months after probation is granted and judgment is suspended
The court must find “good cause” to allow the withdrawal.
This statute applies to both guilty pleas and no-contest pleas.
What Does “Good Cause” Mean?
Good cause means the plea was not entered freely, knowingly, or intelligently.
A defendant must show the plea resulted from:
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Mistake
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Ignorance
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Inadvertence
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Fraud
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Ineffective assistance of counsel
The burden of proof is on the defendant.
Common Grounds to Withdraw a Guilty Plea
Courts may find good cause under Penal Code 1018 in situations such as:
Ineffective Assistance of Counsel
If a defendant received incompetent legal advice or was not properly advised of defenses or consequences, the plea may be invalid.
Examples include:
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Failure to investigate the case
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Failure to communicate plea terms accurately
Failure to Understand Consequences
A plea may be withdrawn if the defendant did not understand:
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Possible jail or prison exposure
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Probation terms
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Fines and restitution
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Immigration consequences
A plea must be knowing and voluntary to be valid.
Language Barrier or Communication Issues
If a defendant did not fully understand the proceedings due to a language barrier or inadequate interpretation, the plea may be challenged.
No Attorney Present
If a defendant entered a plea without legal representation and did not validly waive the right to counsel, the court may allow withdrawal.
Timing Requirements Under Penal Code 1018
A motion to withdraw a plea must be filed:
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Before sentencing, or
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Within six months after probation is granted and judgment is suspended
If a defendant has already been sentenced to prison, Penal Code 1018 generally no longer applies. Post-conviction remedies may be required instead.
Legal Process to Withdraw a Plea
Step 1: Filing the Motion
A criminal defense attorney prepares and files a written motion explaining:
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The factual background
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The legal grounds for withdrawal
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Supporting declarations or evidence
Step 2: Supporting Evidence
The motion may include:
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Defendant declaration
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Attorney declarations
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Court transcripts
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Documentation showing a misunderstanding or misadvice
Step 3: Court Hearing
At the hearing, defense counsel must persuade the judge that good cause exists.
The prosecution may oppose the motion.
Step 4: Court Ruling
If the motion is denied:
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The court proceeds to sentencing
If the motion is granted:
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The plea is withdrawn
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The case returns to pre-plea status
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The defendant enters a not-guilty plea
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The original plea bargain is void
Risks of Filing a Motion to Withdraw a Plea
Withdrawing a plea may eliminate a negotiated deal. This can result in:
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Exposure to more serious charges
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Potentially harsher penalties if convicted at trial
Before filing, a defense attorney must evaluate whether the motion is strategically beneficial.
Withdrawing a Plea After Conviction
If a defendant has already been sentenced, other remedies may apply.
Petition for Writ of Habeas Corpus
A habeas petition challenges a conviction based on constitutional violations, such as ineffective assistance of counsel.
Motion to Vacate Under Penal Code 1473.7
California Penal Code 1473.7 allows certain defendants, especially non-citizens, to challenge a conviction if they did not understand immigration consequences.
These post-conviction remedies are complex and require experienced appellate or post-conviction counsel.
Frequently Asked Questions
Can I withdraw my guilty plea just because I changed my mind?
No. Regret alone is not sufficient. You must show good cause under Penal Code 1018.
What is the deadline to withdraw a plea?
Before sentencing, or within six months if probation was granted and judgment was suspended.
What happens if the motion is granted?
The case returns to the stage before the plea. You may renegotiate or go to trial.
Will I lose my plea bargain?
Yes. If the plea is withdrawn, the prior agreement is void.
Can I withdraw a plea after being sentenced to prison?
Not under Penal Code 1018. You may need to pursue habeas corpus or a motion under Penal Code 1473.7.
Key Takeaways
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Penal Code 1018 allows plea withdrawal for good cause.
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Good cause includes mistake, ignorance, or ineffective counsel.
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Timing is critical.
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Withdrawal voids any plea agreement.
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Post-conviction relief may require different legal procedures.
Speak With a Los Angeles Criminal Defense Attorney
Motions to withdraw a plea are fact-specific and legally demanding. Courts require strong evidence demonstrating that the plea was not knowing, intelligent, or voluntary.
If you believe you have good cause to withdraw your guilty or no-contest plea, immediate legal review is essential. Early intervention can determine whether the motion has a realistic chance of success and whether pursuing it is in your best interest.
The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help.
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