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how can i get my case retried after entering a plea when a year has gone by?
Asked on June 9, 2009 under Criminal Law, California
J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In order to withdraw a plea, you need to generally show that it was not made intelligently or voluntarily. Withdrawing a plea is one of the most difficult things to do. The fact that you have waited over 11 months indicates that you have had more than enough time to think about the plea you made and now are upset about your decision. Under these circumstances, courts generally do not permit people to withdraw a plea. I suggest that you discuss this with your attorney. If you were not represented by a lawyer, i suggest obtaining a copy of the transcript from the hearing when you pled out and discuss the case with a public defender or private attorney.