[playht_listen_button]That's it. The gauntlet has been laid, and you've found yourself struggling to force down that knot in your throat. You’ve just made a decision—a big one—a life-changing one. You’re standing in criminal court, and you’ve decided to enter a plea of guilty. The judge tells you that you'll be back for sentencing in a couple of weeks. As you’re being led out of the courtroom, you’re starting to doubt yourself. Should you have pled guilty, after all? Here’s more on California’s law regarding withdrawing a guilty plea, including how a California criminal defense attorney can help you.
When you plead guilty before the judge, you confess to the charge(s) and agree to forfeit your right to trial. You give up your right to argue against the charges and raise a reasonable doubt. Instead of preparing for trial, you’ll typically be sentenced according to the plea deal. There are many reasons why people will take a plea deal—lower sentence, having some of the scarier charges removed, fear, pressure, etc. But, now and again, you may ask yourself, “What if I changed my mind and I want to go to trial? Is it too late?”
Simply put, it depends. The judge will not accept your "Motion to Withdraw" unless there is a good cause. “Good cause” means:
If you believe that you have good cause to withdraw your guilty plea, you’ll need an experienced California attorney on your side. This motion is time-sensitive, so call My Rights Law at (909) 340-2000" target="_blank" rel="nofollow">(909) 340-2000 or contact us online for a free consultation today.
Like with most court-related matters, you'd file a motion. Here, you'd file a Motion to Withdraw. In it, you'd state why the judge shouldn't accept your guilty plea. For example, you indicate that you were misinformed about the consequences (e.g. you didn’t know you'd be deported if you pled guilty). The judge then decides your Motion to Withdraw. Remember that you must file this motion before judgment is rendered or up to six months after sentencing.
Your case will return to the point it was in before you pled guilty. You will return to arraignment, and all previous charges, including those dropped due to the plea, will be re-instated. You may invoke your right to go to trial. Because every trial comes with life-altering consequences, you’ll need an experienced California attorney representing you.
When you plead guilty, you are disaffirming your innocence. You are also disaffirming the state's duty to prove your guilt. Because the judge will not automatically accept a withdrawal, it’s ideal that you consult counsel and think carefully about the decision. It may be too late for you to withdraw your guilty plea, but there might be other solutions available to you.
The criminal defense attorneys at My Rights Law are all about defending the rights of those accused of criminal offenses in California. If you find yourself wanting to withdraw your guilty plea, then contact My Rights Law’s knowledgeable California attorneys at (909) 340-2000" target="_blank" rel="nofollow">(909) 340-2000 or contact us online.
This page was written by the My Rights Law Editorial Team and reviewed for legal accuracy by Bobby Shamuilian.
Attorney Shamuilian is the founder and managing partner of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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