Motion to Withdraw a Guilty Plea in Indio
Serving Clients throughout the Palm Desert
Penal Code section 1018 permits a defendant to move to withdraw a plea of guilty or no contest at any time before judgment or within six months after being granted probation (if an entry of judgment is suspended) for good cause shown. At the Law Offices of Anastacio De La Cruz, we can help you consider your options and determine if this would be a good decision for you.
“Good cause” is shown if the defendant establishes he acted in “mistake, ignorance, inadvertence or for any other factor overreaching a defendant’s free and clear judgment.” Other factors that may be considered good cause for relief under this section include pleas entered by fraud or under duress.
How to Proceed with This Action
There are strict timing requirements to filing a motion pursuant to Section 1018. You must file this motion either before judgment or within six months after an order granting probation is made if entry of judgment is suspended.
If you have recently pled guilty and now feel you have good cause to withdraw that plea, is important to hire an attorney experienced in post-conviction relief to help determine whether a motion to withdraw a guilty plea under Penal Code Section 1018 is appropriate.
True Example of Successful Motion to Withdraw a Plea
In 2017, Mr. Black, who was concerned with possible immigration consequences of his misdemeanor charge, was advised by his criminal defense attorney to consult with a legal professional who was well versed in immigration laws and the specific consequences of this charge. Mr. Black consulted with a notary public (commonly known as a “notario”- similar to an attorney in Mexico) and communicated to his attorney the advice given.
Unfortunately, Mr. Black was misinformed that a misdemeanor conviction would not carry immigration consequences, and he was arrested by Immigration and Customs Enforcement (ICE) officers shortly thereafter. The Law Offices of Anastacio De La Cruz was retained for post conviction relief and, after analyzing the facts of the case and the relevant law, filed a motion to withdraw the plea under Penal Code Sections 1018.
The prosecution was provided evidence of the misadvisal and that immigration concerns were contemplated at the time of the plea. After demonstrating evidence contemporaneous to the time of the plea (family and community ties showing that client would not have knowingly pled guilty had he been informed of the true immigration consequences), the prosecution did not oppose the Penal Code Section 1018 motion to withdraw the plea. The Law Offices of Anastacio De La Cruz was successfully able to negotiate an immigration neutral charge.
We can help you make the best use of your legal options. Call (760) 610-0606 now to get started.
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