San Jose, CA asked in Appeals / Appellate Law for California

Q: Can you take a plea back? What are your chance of winning the appeal ?

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1 Lawyer Answer
Timothy Alan Provis
Timothy Alan Provis
Answered
  • Appeals & Appellate Lawyer
  • Port Washington, WI
  • Licensed in California

A: If you file a motion to withdraw plea before sentencing, see Cal. Penal Code §1018, you can conceivably withdraw the plea if there are proper grounds. No one but an experienced criminal attorney can tell you what the chances of success of either your motion or your appeal are. You should consult with an experienced criminal appeals attorney about the chances of success on appeal.

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