Will a Judge Forgive and Forget through a Withdrawal of a Guilty Plea?
Paul Wallin
November 20, 2009
After pleading no contest to possession of cocaine base for sale, a man sought to withdraw his plea. His attorney however, did not make a motion to withdraw his plea, since he found that there was no good cause for such a motion. The defendant now appeals his conviction, saying that the court has made a mistake [erred] in not requiring counsel to move to withdraw the defendant´s plea.
The defendant was charged with possession of cocaine base for sale on September 24, 2007, and with unlawfully identifying himself as a police officer.
On October 1, 2007, the defendant pled no contest to the possession charge. The parties stipulated to the low term of three years and the other charge was dismissed. The court was advised by the Counsel that she and the defendant had discussed the elements of the crime. She was confident that the defendant understood the explanations of consequences of a no contest plea, and the defendant affirmed that he understood. Prior to sentencing some two months later, the defendant informed the court he wanted to withdraw his plea.
At the January 30, 2008 hearing, the appointed counsel advised the court that there is no basis for withdrawing the plea. The public defender advised the court that defendant was not ready to be sentenced, as he wanted to file a writ of habeas corpus and a motion to withdraw his plea. The court advised the defendant to talk to his lawyer for all strategic decisions.
On February 13, 2008, the counsel indicated the petition for writ of habeas corpus was premature. The court sentenced the defendant to the low term of three years. Defendant sought and received a certificate of probable cause on the grounds of counsel´s failure to file a motion to withdraw his plea.
A defendant may move to withdraw his plea, at any time before judgment, on showing a good cause. Appointed counsel may decline to bring a meritless motion, even though the criminal defendants are entitled to competent representation in the presentation of a motion to withdraw a plea. As long as the defendant is represented by the counsel, the decision whether to file a motion to withdraw his plea is left with the counsel. The defendant contends "that lack of legally adequate reasons cannot justify refusal of counsel to make such a motion". This paper disagrees. The counsel is not required to make legally unsupported motions. This is mostly true in a context where the very purpose of the appointment of counsel is to give expert advice as to the merits of the motion, nor is the court required to order specially appointed counsel to investigate the merits of such a motion and then permit the defendant to discard wholly the counsel´s expert opinion on the subject and file a meritless motion. Because the counsel is not required to make pointless, baseless motions, the court is not required to order counsel to make such motions.
At Wallin & Klarich, we assist clients in such cases relating to filing a Motion to Withdraw the Plea of Guilty in California. In our many years of experience assisting those accused of criminal offenses in California, our skilled California criminal defense attorneys understand the complexities surrounding the means in which a judge may withdraw a guilty plea. For more information regarding how your plea can be withdrawn or if you should withdraw your plea of guilty, contact Wallin & Klarich today.
The defendant was charged with possession of cocaine base for sale on September 24, 2007, and with unlawfully identifying himself as a police officer.
On October 1, 2007, the defendant pled no contest to the possession charge. The parties stipulated to the low term of three years and the other charge was dismissed. The court was advised by the Counsel that she and the defendant had discussed the elements of the crime. She was confident that the defendant understood the explanations of consequences of a no contest plea, and the defendant affirmed that he understood. Prior to sentencing some two months later, the defendant informed the court he wanted to withdraw his plea.
At the January 30, 2008 hearing, the appointed counsel advised the court that there is no basis for withdrawing the plea. The public defender advised the court that defendant was not ready to be sentenced, as he wanted to file a writ of habeas corpus and a motion to withdraw his plea. The court advised the defendant to talk to his lawyer for all strategic decisions.
On February 13, 2008, the counsel indicated the petition for writ of habeas corpus was premature. The court sentenced the defendant to the low term of three years. Defendant sought and received a certificate of probable cause on the grounds of counsel´s failure to file a motion to withdraw his plea.
A defendant may move to withdraw his plea, at any time before judgment, on showing a good cause. Appointed counsel may decline to bring a meritless motion, even though the criminal defendants are entitled to competent representation in the presentation of a motion to withdraw a plea. As long as the defendant is represented by the counsel, the decision whether to file a motion to withdraw his plea is left with the counsel. The defendant contends "that lack of legally adequate reasons cannot justify refusal of counsel to make such a motion". This paper disagrees. The counsel is not required to make legally unsupported motions. This is mostly true in a context where the very purpose of the appointment of counsel is to give expert advice as to the merits of the motion, nor is the court required to order specially appointed counsel to investigate the merits of such a motion and then permit the defendant to discard wholly the counsel´s expert opinion on the subject and file a meritless motion. Because the counsel is not required to make pointless, baseless motions, the court is not required to order counsel to make such motions.
At Wallin & Klarich, we assist clients in such cases relating to filing a Motion to Withdraw the Plea of Guilty in California. In our many years of experience assisting those accused of criminal offenses in California, our skilled California criminal defense attorneys understand the complexities surrounding the means in which a judge may withdraw a guilty plea. For more information regarding how your plea can be withdrawn or if you should withdraw your plea of guilty, contact Wallin & Klarich today.
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