What is the burden of demonstrating prejudice against a defendant who entered into a no contest plea?

California, United States of America


The following excerpt is from People v. Jimenez, E066754 (Cal. App. 2017):

guilty.' [Citation.] Our Supreme Court has held, to obtain that relief, the following must be present: the defendant was not properly advised of the immigration consequences of the plea as required by section 1016.5, subdivision (a); there existed, 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 the defendant was prejudiced by the nonadvisement. [Citations.]" (People v. Arendtsz (2016) 247 Cal.App.4th 613, 616-617.)

"The defendant bears the burden of demonstrating prejudice. [Citations.] The accused must prove it was reasonably probable he or she would not have entered a guilty, no contest or nolo contendere plea if properly advised. [Citations.] Our Supreme Court has explained: 'To that end, the defendant must provide a declaration or testimony stating that he or she would not have entered into the plea bargain if properly advised. It is up to the trial court to determine whether the defendant's assertion is credible, and the court may reject an assertion that is not supported by an explanation or other corroborating circumstances.' [Citations.] Our review is for an abuse of discretion. [Citations.]" (People v. Arendtsz, supra, 247 Cal.App.4th at p. 617.)

Other Questions


Can a defendant withdraw a plea of no contest to a charge of assault because he felt he was under duress when he entered his no contest plea? (California, United States of America)
Does a defendant who entered a plea of no contest in two separate criminal cases have to appeal against the finding that they committed the same offences against the other defendant? (California, United States of America)
When a defendant enters a plea of guilty or no contest, can he challenge the validity of the plea on appeal? (California, United States of America)
When a defendant enters a plea of guilty or no contest, can she challenge the validity of the plea on appeal? (California, United States of America)
Can a criminal defendant who appeals following a plea of no contest or guilty without a certificate of probable cause raise issues arising after the plea that do not affect the validity of the plea? (California, United States of America)
What is the burden of establishing prejudice against a defendant who has entered into a plea bargain? (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)
Can a defendant appeal his no contest plea against the finding that he was not mentally competent to enter a plea? (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)
Can a defendant withdraw a plea of no contest pursuant to a plea agreement? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.