Does a defendant waive his right to withdraw his plea?
California, United States of America
The following excerpt is from People v. Kapral, F079198 (Cal. App. 2021):
extended to him by the court, yet he never moved to withdraw his plea. "[T]he failure affirmatively to request a [withdrawal] of plea does waive the right to do so."9 (People v. Walker (1991) 54 Cal.3d 1013, 1025.) Accordingly, we find Kapral waived his right to withdraw his plea and it is no longer an available remedy.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
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)
Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (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)
What is the test for a motion of appeal against a finding that a defendant knowingly waived his right to enforce the implied term of his plea bargain that he would be sentenced by the same judge who accepted his plea? (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 his guilty plea and withdraw his plea to reduce his sentence? (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)
What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)
Is a defendant entitled to a reversal of his guilty plea and an opportunity to withdraw his plea? (California, United States of America)
