North Hills, CA asked in Criminal Law and Domestic Violence for California

Q: Withdrawing my plea deal with the cruise waiver

I took a deal with the cruise waiver for felony child endangerment and I want to go back on my deal because the father and my child got his case dismissed and I feel like I am a battered woman he has been to prison for beating on me I have several videos and evidence of his abuse and I feel like the day that I broke a window out the car and pepper sprayed with my child in the car I was in fear for my life and I feel like I really got screwed over and I don't know what to do can you please help me

1 Lawyer Answer
John Karas
John Karas
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: Talk with the attorney (perhaps a Public Defender) who represented you at the time you entered your plea to see if there are any circumstances under which you may qualify for your plea being withdrawn.

"Buyer's remorse" or believing your conviction was unfair due to the outcome of separate charges against your husband is not sufficient cause to withdraw your plea.

If you were not represented by an attorney, in order to withdraw your plea a formal written motion must be filed accompanied by a declaration under perjury why your plea withdrawal fits the criteria set by statute.

In either situation, the motion and supporting declaration must be filed within 6 months of the date you entered your plea.

If you do not know the law, are not able to prepare the motion, with correct citation to the statute and case law yourself, I suggest you your hire and pay an attorney to do so for you.

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