post plea

UPDATED: Jun 9, 2009

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post plea

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 13 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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