Legal Question in Criminal Law in California
WIthdraw a no contest plea, post conviction
In 1998 i plead no-contest to Felony in
CA. I did my jail time, was later sent to
prison on a violation. Years later, i
found that i had a DNA test was not
positive. Am I allowed to withdraw my
plea and re-litigate my initial case?
2 Answers from Attorneys
Re: WIthdraw a no contest plea, post conviction
No. You MAY be able to seek a pardon, or a writ to obtain a finding of factual innocence. Neither is guaranteed; both are expensive. Feel free to contact me if prepared to seriously pursue either.
Re: WIthdraw a no contest plea, post conviction
If the DNA test absolutely proves your innocence, then you might well be able to get some relief. I think it is called a Writ of Error Coram Nobis. You could consult a private attorney, or contact the Innocence Project.
Related Questions & Answers
-
What charge would this be? 01 F CVC 10851a G Asked 7/18/07, 12:23 pm in United States California Criminal Law
-
Death penalty What is the limits of appeals to the death penalty in california? Asked 7/17/07, 5:06 pm in United States California Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
