Can a defendant withdraw a plea of guilty at any time before judgment?

California, United States of America


The following excerpt is from People v. Caruso, 174 Cal.App.2d 624, 345 P.2d 282 (Cal. App. 1959):

Although in a few states statutes confer an absolute right on the defendant to withdraw a plea of guilty at any time before judgment (see 22 C.J.S. Criminal Law 421(3), p. 645; 16 C.J. 397, 730) in California, as in most states, the applicable statute (Penal Code, 1018) provides that in the case of a defendant represented by counsel the court may for good cause shown, permit the plea of guilty to be withdrawn. The statute further provides that it is to be liberally construed to promote justice. 1 People v. Singh, 156 Cal.App.2d 363, 366, 319 P.2d

Page 288

Other Questions


Can a defendant withdraw his guilty plea after judgment has been entered? (California, United States of America)
Can a defendant withdraw a guilty plea for good cause before the entry of judgment? (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)
Can a defendant withdraw his guilty plea before judgment has been entered? (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)
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)
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 his guilty plea and enter a not guilty plea? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.