Legal Question in Criminal Law in California

After accepting a deal on a criminal legal case, how long does the person have to change their mind?


Asked on 12/21/13, 6:05 am

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

One needs permission from the court to change one's plea. If you have an attorney you should discuss it with the attorney. If you do not you may discuss it with the judge. If you do not have a future court date you will have to have the clerk's office put it on calendar. In any case it should be done as soon as possible.

Read more
Answered on 12/21/13, 10:47 am
Joe Dane Law Office of Joe Dane

You can't just change your mind. You would have to file a motion to withdraw your plea and have a legal basis to do so. That motion must be filed within 180 days of the sentencing and granting of probation.

You'll definitely need an attorney to have any chance to succeed. Keep in mind that if your motion is granted, you'll be right back to square one & may not be offered the same deal as before, so discuss whether you really want to with your attorney. You should weigh out what would happen if you were able to withdraw your plea and what may happen if you went to trial and either won or lost...

Again - all things to discuss face to face with an attorney.

Please pardon any typos - posted via mobile device.

Read more
Answered on 12/21/13, 11:27 am


Related Questions & Answers

More Criminal Law questions and answers in California