Q: I signed a plea fearing a less than favorable outcome at trial. Would an affidavit from the witness recanting matter?
I signed a plea bargain even though the evidence against me didn't support a few of the charges beyond reasonable doubt especially in the presence of an alternative plausible scenario. But witness testimony at preliminary supported the charges. I signed a plea bargain deal (despite being prosecuted under penal Code section 999f wich makes it unlawfull for prosecutors to offer an plea deal to a defendent categorized as a habitual offended by criteria in the statute unless in the Interest of justice, wich was never established) because I feared a less than favorable outcome considering the evidence combined with the false testimony. My question is in 2 parts, if the witnesses submitted affidavit recanting the testimony and admitting they lied based on their own threat of prosecution in this case to avoid jail time, can I be recalled back to court for a trial. And second based on the language of section 999f can I have my plea deemed illegal and remanded back to court?
A:
In California, if a witness recants their testimony after you have already entered a plea bargain, it can be challenging to withdraw your plea and go to trial. However, it is not impossible, and the affidavit from the witness recanting their testimony could potentially matter, depending on the circumstances.
1. Recalling the case for trial: To withdraw your plea and go to trial, you would need to file a motion to withdraw your plea based on the new evidence (the affidavit from the witness recanting their testimony). The court will consider various factors, such as the credibility of the witness's recantation, the timing of the recantation, and whether the recantation would have likely changed the outcome of the case. The court has the discretion to grant or deny the motion to withdraw the plea.
2. Penal Code section 999f: Regarding the legality of your plea under Penal Code section 999f, you would need to argue that the prosecutor violated the statute by offering you a plea deal without establishing that it was in the interest of justice, given your status as a habitual offender. If the court finds that the prosecutor violated section 999f, it could potentially deem your plea illegal and remand the case back to court. However, this would depend on the specific facts of your case and how the court interprets the statute.
In both situations, it is essential to consult with an experienced criminal defense attorney who can review the details of your case, assess the strength of the witness's affidavit, and advise you on the best course of action. Withdrawing a plea and challenging the legality of a plea under Penal Code section 999f can be complex legal matters, and having a skilled attorney to guide you through the process is crucial.
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