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Withdrawing Guilty Pleas in the California State System

If you pled guilty to a California criminal charge, you may believe that the resulting conviction cannot be reversed, but that's not always true. In some cases, it may be possible to withdraw your guilty plea and seek a new trial. An experienced defense lawyer from The Kavinoky Law Firm can thoroughly analyze your case and determine whether it may be possible to withdraw your guilty plea.

How difficult it may be to withdraw your guilty plea in a California criminal case depends on whether or not you've already been sentenced. If you pled guilty to a California criminal offense but haven't yet been sentenced, you can withdraw your guilty plea by showing good cause.

There are several valid reasons why you may be able to withdraw your guilty plea to a California criminal case prior to sentencing. You may have pleaded guilty against your will or perhaps you didn't fully understand the proceedings against you or the consequences of your actions. In cases such as these, the court will generally allow you to withdraw your plea.

Withdrawing a guilty plea after you have been sentenced for a California criminal offense is a much more complex process. Your defense attorney will generally have to submit a petition for a writ of habeas corpus.

In any case, whether you are allowed to withdraw your guilty plea before or after sentencing, you will need to be prepared to stand trial for the charges against you. Withdrawing your guilty plea effectively restarts the criminal case against you if the prosecutor elects to pursue the case against you, and most generally do. However, doing so will allow you to aggressively fight the charges against you and gives you an opportunity to be vindicated.

If you're considering withdrawing your guilty plea in a California criminal case, you need a top defense lawyer at your side. An experienced defense attorney from The Kavinoky Law Firm will thoroughly analyze your case to establish whether it may be possible to withdraw your guilty plea and fight the charges against you. Contact us today for a free consultation.

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Bail Pending Sentencing or Appeal Direct Appeal
Withdrawing Guilty Pleas Writ of Habeas Corpus - State Court
Motions for a New Trial Writ of Habeas Corpus - Federal Court
Sentencing Memoranda Expungement
Bail Pending Sentencing or Appeal Sentencing Memoranda
Withdrawing Guilty Pleas Direct Appeal
Motions for a New Trial Federal Writ of Habeas Corpus
Representation at Sentencing