Motion Withdraw Plea Without Guilt

State:
Multi-State
Control #:
US-00831
Format:
Word; 
Rich Text
Instant download

Description

The Motion To Withdraw Plea Without Guilt is a formal document used by an attorney to seek the court's permission to withdraw a plea entered on behalf of a defendant without stating guilt. This form is crucial in cases where the defendant wishes to change their plea for various legal reasons. Key features of this document include sections for detailing the attorney's rationale for withdrawal, including a lack of communication with the defendant and the ability to represent them effectively. It also contains a certificate of service, ensuring that all parties involved are notified of the motion. To fill out this form correctly, users should provide clear and concise information regarding their status as legal counsel and the circumstances necessitating the withdrawal. The target audience, including attorneys, partners, owners, associates, paralegals, and legal assistants, will find this document essential for navigating procedural changes in criminal cases. Its straightforward language and design make it accessible, even for those with limited legal experience, ensuring that everyone involved can effectively manage these legal processes.

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FAQ

(a) A plea of guilty or nolo contendere that has been withdrawn should not be admitted as evidence against the defendant in any criminal or civil action or administrative proceedings.

contest plea, also known as a nolo contendere plea, is one in which the defendant does not admit guilt but accepts punishment as if they had pled guilty. This type of plea is often used when the defendant wants to avoid a lengthy trial or public admission of guilt.

If a judge grants the motion, you are given the opportunity to withdraw a prior plea and substitute it with a plea of not guilty. In general, you file a motion to withdraw a plea when you realize that pleading guilty or pleading no contest is not in your best interest.

California Penal Code Section 1018 PC allows a defendant to withdraw his or her plea upon a showing of ?good cause.? The statute also states that the motion must be made within six months after an order granting probation has been entered. Plea Withdrawal Motions - Kraut Law Group Criminal & DUI Lawyers losangelescriminallawyer.pro ? los-angeles-p... losangelescriminallawyer.pro ? los-angeles-p...

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Motion Withdraw Plea Without Guilt