Can a defendant withdraw a guilty plea on the grounds of mistake or ignorance?

California, United States of America


The following excerpt is from People v. Murrietta, H046548 (Cal. App. 2020):

"At any time before judgment . . . , a trial court may permit a defendant to withdraw a guilty plea for 'good cause shown.' ( 1018.) 'Mistake, ignorance or any other factor overcoming the exercise of free judgment is good cause for withdrawal of a guilty plea' under section 1018 (People v. Cruz (1974) 12 Cal.3d 562, 566 (Cruz)), and section 1018 states that its provisions 'shall be liberally construed . . . to promote justice.' A defendant seeking to withdraw a guilty plea on grounds of mistake or ignorance

Page 6

Other Questions


Can a defendant withdraw his guilty plea and withdraw his plea to reduce his sentence? (California, United States of America)
Can a defendant withdraw a guilty plea and substitute it with a not guilty plea? (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)
Does Defendant have any grounds to argue that the Court's recent rulings in a civil case against the Defendant violated the Defendant's civil rights? (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 his guilty plea and enter a not guilty plea? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (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 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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.