Motion to Withdraw Plea/Vacate Judgment In Orange County, CA
California Penal Code 1018 grants a criminal defendant the right to withdraw Plea/Vacate Judgment 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.