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I pleaded no contest since my attorney suggested, since i cant afford him for trail, can i withdraw on my sentencing day ?
Anonymous1 views6 answers
the police report states prior to placing the police vehicle the shearched my black jacket and it had a pipe which gave them a reason to take off my shoes for a narcotic investigation.. that would mean I would have been arrested with a black jacket on since I was already detained and my mugshot would have me wearing a black jacket I never had a black jacket on. Like they stated. I had a white shirt on.. after i was about to get tooken away i told my wife to make sure they didnt take my 1850 dollers from my jacket that was in the back of car and i had wallet amd money with proof of paycheck stub. i told her to bail me out with that money .. my jacket had my wallet and they handed my wife my keys and jacket .. they made up the story about having a pipe so they could have probable couse
You have posted this before and gotten several good answers. Please reread those because asking the same question again won't change the answers. Yes, you can try to withdraw your plea but it is an uphill battle. You absolutely need a different attorney to assist with this.
You can, but before doing so, you should have new counsel selected already. The public defender, however, may be your only choice. If a defendant can show "good cause" to withdraw the plea, the court should grant the motion. People v. Francis (1954) 42 C2d 335 states that the court should liberally exercise its discretion in allowing the withdrawal of a plea. "Good Cause" to set aside a plea is shown when the defendant demonstrates that the plea was entered as the result of a mistake, ignorance, inadvertence or some other factor that demonstrates overreaching defendant's free and clear judgment. People v. Caban (1983) 148 CA3d 706; People v. Superior Court of City and County of San Francisco (1974) 11 C3d 793.
If you are serious then advanced the case -- meaning don't wait until your sentencing date. Then it may too late. You could benefit from meeting with your attorney to discuss further.
Before you go withdrawing your plea, you should know what you are facing. Were you arrested for straight possession of drugs? If so, the Felony would be reduced to a Misdemeanor and the most you could get is a year.
Just understand, that Pomona, if that is where your case is, is one of the harshest in LA County. Before you withdraw the plea, we would need to know your criminal history etc. I can just tell you that the jacket, if it contained the alleged pipe, would not be handed back to you prior to the booking photo as it would be evidence. So before you withdraw anything, get a consultation with an attorney who practices in that particular courtroom to see how hard the Judge is going to come down on you if you withdraw the plea and either lose at trial or enter a plea.
When you withdraw your plea the offer will be off the table and you have to face trial. The penalties for drug cases can be dramatic for you. Consult with an attorney and provide him or her a copy of the polic report. Pomona is a very conservative jurisdiction.
