Anaheim, CA asked in Criminal Law and Federal Crimes for California

Q: A motion to vacate was file and granted. Can the motion be withdrawn if I change my mind to proceed to trial?

If I feel that the prosecutor might not drop the charges, can I drop the motion and stay status quo?

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, once a motion to vacate is granted, you cannot simply withdraw it unilaterally. However, you can potentially file another motion to reconsider or readdress the court's decision, explaining your reasons. The court will then decide whether to grant your request.

If you have concerns about the prosecutor's actions, it's essential to communicate those concerns to your attorney. Your attorney can best advise on the possible outcomes and the strategic implications of each decision. Navigating the court process requires careful consideration of each step. Always ensure that you're fully informed and understand the consequences before making any decisions. It's paramount to prioritize your best interests throughout the legal process.

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