Stockton, CA asked in Domestic Violence for California

Q: I plead guilty to misdemeanor domestic violence without any legal consultation offered by the judge can I withdraw it?

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1 Lawyer Answer
David A. Brooks
David A. Brooks
  • Domestic Violence Lawyer
  • Fair Oaks, CA
  • Licensed in California

A: If that is true, probably so. Guilty pleas having to be "knowing and intelligent", and involve an advisement of basic rights.

However "mass advisements" of rights counts, where the whole room is advised. Video advisements count. A Court Reporter's transcript would be required to see what the Judge did. Also, a change of plea involves a waiver of rights, and that will be on the record or in writing (signed by the defendant) in the court's file.

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