Notice to new members intending to register - from January 9th 2012

ceemonsterz · #1 04-09-2012, 08:41 AM

How hard is it to withdraw your plea and under what circumstances can I not withdraw it? I had a public defender lie to me and tell me the only way I would avoid jail time was by pleading no contest aka guilty on a crime I didnt commit. So they sentenced me to drug court and in drug court they told me I have to do 45 in jail at Lynwood? If I had known this from the start I would have taken it to trial and tried to fight it. This case put me in violation of my probation and thats were my public defender said they were going to get me? And is there a time limit in withdrawing?

Gryphon · #2 04-10-2012, 12:30 AM

Quote:

Originally Posted by ceemonsterz

How hard is it to withdraw your plea and under what circumstances can I not withdraw it? I had a public defender lie to me and tell me the only way I would avoid jail time was by pleading no contest aka guilty on a crime I didnt commit. So they sentenced me to drug court and in drug court they told me I have to do 45 in jail at Lynwood? If I had known this from the start I would have taken it to trial and tried to fight it. This case put me in violation of my probation and thats were my public defender said they were going to get me? And is there a time limit in withdrawing?

Check the written change of plea form you signed if this was a felony. It told you about the effect of a VOP. The form will be available for review in the court file. Most counties use Prop 36 change of plea forms that also talk about the impact of a VOP.
In general, a plea withdrawal requires receiving bad information (and you wouldn't have pled guilty but for the bad information) or having your free will overcome.
You should start by talking to your attorney about your concerns, and understand what will likely happen if you were to withdraw your plea. Sounds like your lawyer had concerns you'd be convicted. You can also talk about having the lawyer recalendar you to ask teh judge to set aside the plea, You may have the right to a different lawyer while you bring your motion because the last lawyer is a witness.
You also have the right to file a Writ of Habeus Corpus, although you don't have the right to an attorney when doing that.

IloveChris · #3 04-10-2012, 11:38 AM

Is there a time limit on being able to "withdraw your plea?"

Gryphon · #4 04-11-2012, 05:52 PM

Quote:

Originally Posted by IloveChris

Is there a time limit on being able to "withdraw your plea?"

Since that could be brought via a Writ of habeus Corpus, and there is no time limit to the writ (although there can be argument that too much delay ought to preclude making an argument in a Habeus, since the former defendant might be benefiting from the delay they themselves caused).
A motion can be brought before teh sentencing court so long as they still have jurisdiction over the case (which expires 120 days after a felony sentence to prison, and that probably includes the new "county prison").

IloveChris · #5 04-12-2012, 12:20 AM

I've been researching Habeas Corpus & am a little discouraged cause there doesn't seem to be too many cases that win

Gryphon · #6 04-12-2012, 04:48 PM

Statistical odds that a Habeus will be granted is pretty close to no chance. However, the quality of the argument and the way it is presented are really what dictate what the chances are.

Quote:

Originally Posted by IloveChris

I've been researching Habeas Corpus & am a little discouraged cause there doesn't seem to be too many cases that win

lionmom · #7 05-28-2012, 07:35 PM

Quote:

Originally Posted by Gryphon

Statistical odds that a Habeus will be granted is pretty close to no chance. However, the quality of the argument and the way it is presented are really what dictate what the chances are.

Very discouraging, however, I an looking for an excellent attorney in the Sac or Placer area................to file a Writ of Habeus. Thanks.

Gryphon · #8 05-30-2012, 06:00 PM

Quote:

Originally Posted by lionmom

Very discouraging, however, I an looking for an excellent attorney in the Sac or Placer area................to file a Writ of Habeus. Thanks.

If you want names, please send me the PM.

blrich · #9 04-26-2012, 12:48 AM

How long does the habeas corpus process take if accepted and what happens if you are release from prison before the process is complete?

Gryphon · #10 04-26-2012, 10:59 AM

Quote:

Originally Posted by blrich

How long does the habeas corpus process take if accepted and what happens if you are release from prison before the process is complete?

Most writs are swiftly denied, maybe a week. Many are denied in a day or 2. A writ that a court wants to hear, and is about an issue they want to write a published opinion on, could take a year or more.

If someone is out of jail by the time the writ comes around, they could still have the ability to withdraw plea (or have the trial conviction set aside) and go back to court to be prosecuted once again. Yes, there are scenarios where things could go very wrong, and the conviction could end up to be a more serious charge meaning more time to do. Granting some writs would bar prosecution and require dismissal, it depends on the issue that was argued. There are also situations where the DA wouldn't be able to go forward because evidence isn't around anymore. If it is the same charge the second time around, the defendant may have some protection against doing additional time (vindictive prosecution arguments). Much depends on case facts, but it's best to figure out what will happen if a Writ is won BEFORE the writ is filed. (Be careful what you ask for, on the off chance you get it.)