Can a defendant withdraw a guilty plea and substitute it with a not guilty plea?

California, United States of America


The following excerpt is from People v. Pastrano, 52 Cal.App.4th 610, 60 Cal.Rptr.2d 620 (Cal. App. 1997):

"Penal Code section 1018 provides: 'On application of the defendant at any time before judgment the court may, ... for a good cause shown, permit the plea of guilty to be withdrawn and a plea of not guilty substituted.... This section shall be liberally construed to effect these objects and to promote justice.' ... [p] Withdrawal of a guilty plea is left to the sound discretion of the trial court. A denial of the motion will not be disturbed on appeal absent a showing the court has abused its discretion. [Citation.]" (People v. Nance (1991) 1 Cal.App.4th 1453, 1456, 2 Cal.Rptr.2d 670.) Turning to the instant case, we find no abuse of discretion.

Other Questions


When a defendant withdraws his plea to withdraw his plea prior to sentencing and claims his court-appointed counsel was prejudicially ineffective, what is the test for withdrawing his plea? (California, United States of America)
When a defendant withdraws his plea to withdraw his plea prior to sentencing and claims his court-appointed counsel was prejudicially ineffective, what is the test for withdrawing his plea? (California, United States of America)
Can a defendant withdraw a plea of guilty and enter a not guilty plea under section 1203.4a of the Criminal Code? (California, United States of America)
Can a defendant withdraw his guilty plea and enter a not guilty plea? (California, United States of America)
Can a defendant withdraw his guilty plea and withdraw his plea to reduce his sentence? (California, United States of America)
Can a defendant withdraw their plea of guilty or nolo contendere and enter a plea of not guilty? (California, United States of America)
In what circumstances will a defendant withdraw a plea in a motion to withdraw the plea if he believes he would not have entered the plea otherwise? (California, United States of America)
Is a defendant entitled to a substitute attorney when he withdraws his plea to withdraw his plea? (California, United States of America)
Can a defendant withdraw a plea of guilty and enter a not guilty plea? (California, United States of America)
When can a defendant withdraw a no contest plea by asking to withdraw a plea based on ineffective assistance of counsel? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.