Can I changea plea from guilty to no contest?
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Can I changea plea from guilty to no contest?
I entered a plea of guilty to receive a DEJ and drug treatment program, but my my employer has a zero tolerance drugpolicy. Therefore, it is going forward with my termination. My union appointed lawyer says that I must somehow change my plea to no contest in an effort to keep my employment. Is this possible? How do I go about this?
Asked on February 17, 2011 under Criminal Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It is my understanding that it is possible under the California penal system to change your plea, but that it is not an easy endeavor. You will need help from an attorney to do so. Where in the process of the plea are you? Have you already been sentenced? Are you on probation? Depending on where you are will govern how you go about it: making a motion to withdraw you plea, etc. Your attorney will have to speak with the prosecutor's office who consented to the plea in the first place. If they are on your side then it is more likely that a Judge will grant your request. Good luck.
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