Motion To Withdraw Plea Of Guilty
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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(a) A plea of guilty or nolo contendere that has been withdrawn should not be admitted as evidence against the defendant in any criminal or civil action or administrative proceedings.
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.
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.
Hyde, 520 U.S. 670 (1997), which also explained that a trial judge may accept a guilty plea and defer acceptance of the plea agreement; but if the agreement is rejected, then the defendant must be given an opportunity to withdraw the plea.
An accused seeking to withdraw a guilty plea should show that a miscarriage of justice would result if the plea is not withdrawn. Valid grounds include where there is an appearance of unfairness. Unfairness would include where the accused was pressured or extorted into pleading guilty.
