Post Conviction Petitions In Orange County, CA

A motion for post conviction Petitions is filed with the trial court instead of the appellate court. The type of motion that will be filed depends on how your conviction was obtained. 

Motion to Withdraw a Plea/Vacate Judgment In Orange County, CA

California Penal Code 1018 grants a criminal defendant the right to withdraw a guilty or no-contest plea if there is a good cause. This means if you plead guilty in a criminal case as part of a plea agreement, you could decide you made a mistake and file a motion to withdraw your plea. However, you can’t just take back a guilty plea because you regretted the decision. You must have legal grounds to do so, such as:

• you did not have an attorney when you agreed to a plea bargain
• you did not understand the consequences of your plea bargain
• you had an incompetent lawyer or ineffective assistance
• you were coerced or threatened into entering the plea
• there was a language barrier when you entered your plea
• you were not advised of your constitutional rights

You can use a motion to withdraw your plea BEFORE you are sentenced, or up to 6 months after sentencing if it’s a probationary sentence. If the motion is granted, your plea deal would be voided and you would go back to arraignment and have an opportunity to go back to trial.