California Penal Code 1018 gives defendants the right to withdraw their guilty or no contest plea upon a showing of good cause.  It is a difficult process, especially as more time passes from the date of the entry of the plea.  Generally, a defendant may withdraw their plea before judgement is entered (sentencing is quite often set for a time after the entry of the plea).  If the defendant is placed on probation, there is more time.  The law allows for a withdrawal of plea within 6 months of a grant of probation, but sometimes such a motion is granted later.  Our office has handled plea withdrawal cases that are nearly 20 years old.

EXAMPLE OF A LOS ANGELES PLEA WITHDRAWAL SUCCESS STORY (REAL CASE):
People v. J.P., a 1998 felony perjury case.  Defendant was facing complications in immigration proceedings due to an old plea deal, that left him ineligible for citizenship.  Upon filing of a 10 page motion by the defense, two court dates, and discussions with the judge and DA's office, Defendant was permitted to withdraw his 18 year old guilty plea, enter an immigration-safe plea in its place and was able to continue on the path to citizenship.  He will now be able to stay in the US with his wife and children.  Due to the age of that plea, it is very difficult to get this to happen.  It is a long shot, but when you absolutely need a different outcome, it is worth a shot.

The law requires a showing of "good cause" in order to permit a defendant to withdraw a plea.  Some of the grounds that have been recognized as good case include: (1) not being represented by an attorney at the time of plea, (2) being represented by an incompetent attorney at the time of the plea, (3) not understanding the consequences of a plea (including immigration consequences), (4) not understanding the terms or implications of the plea, (5) the plea was not free and voluntary due to threats, lies and the like.

If you have entered into a plea deal that you did not understand, or if the consequences have turned out to be different than you understood them, you may be eligible to withdraw your plea.  Your lawyer will file a motion with the court and set a hearing on the issues.  At the hearing, your motion may be granted or denied.  If granted, the case will resume with a not guilty plea.  For this reason, it is important to discuss the alternate possibilities with your attorney, and may be wise to try to work out a disposition with the prosecuting attorney.

If you or a loved one has entered into an unfavorable plea bargain unknowingly, accidentally or without a complete understanding of the terms, consequences and the waivers of constitutional rights, you need to consult with a skilled, experienced criminal defense attorney right away.  Our office has a track record of success in these cases and may be able to help you set things straight in your case.  Withdrawing a plea is a tricky process and only applies in some contexts.  Additionally, you should be aware that the outcome might not necessarily get better if a plea is withdrawn.  Often, the original plea deal that was available will be taken off the table once the plea is withdrawn.  For this reason, it is important to discuss your case in detail with an experienced, aggressive and knowledgeable criminal defense lawyer.