Can a defendant withdraw a plea of guilty and enter a not guilty plea?

California, United States of America


The following excerpt is from People v. Guzman, G055810 (Cal. App. 2019):

following advisement on the record to the defendant: [] If you are not a citizen, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States." "If, after January 1, 1978, the court fails to advise the defendant as required by this section and the defendant shows that conviction of the offense to which defendant pleaded guilty or nolo contendere may have the consequences for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States, the court, on defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty." ( 1016.5, subd. (b).) "To prevail on a motion to vacate under section 1016.5, a defendant must establish that (1) he or she was not properly advised of the immigration consequences as provided by the statute; (2) there exists, at the time of the motion, more than a remote possibility that the conviction will have one or more of the specified adverse immigration consequences; and (3) he or she was prejudiced by the nonadvisement. [Citations.]" (People v. Totari (2002) 28 Cal.4th 876, 884.)

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)
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)
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)
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 a guilty plea and substitute it with 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 his no contest plea and enter a plea of not guilty? (California, United States of America)
Does a stipulation requiring a defendant to plead not guilty to a charge of first degree murder constitute a plea of guilty entered by 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.