Los Angeles Plea Withdrawal Motion Lawyer

Accepting a plea agreement can feel like the fastest route to closure, but it also triggers lifelong criminal and collateral consequences, including incarceration, fines, immigration fallout, and professional-licensing issues. California law gives defendants a limited statutory and constitutional safety valve: the motion to withdraw a plea. A knowledgeable Los Angeles plea withdrawal motion lawyer can help you understand when, how, and why this remedy works, which is crucial for anyone who believes a guilty or no-contest plea was entered under unfair circumstances.

This in-depth guide distills the governing statutes, key appellate cases, and practical strategy considerations that our team at Kraut Law Group, Criminal & DUI Lawyers, relies on when litigating plea-withdrawal motions in Los Angeles and across Southern California, all within the broader context of the Los Angeles criminal process.

California Penal Code § 1018: Legal Basis for Withdrawing a Guilty Plea

California Penal Code § 1018 authorizes a trial court to allow a defendant to change a plea “at any time before judgment or within six months after an order granting probation is made” whenever the defendant shows “good cause.” The statute directs judges to construe the provision “liberally … to promote justice,” recognizing that the integrity of a conviction depends on a knowing, intelligent, and voluntary waiver of constitutional trial rights.

Good cause can be established by clear and convincing evidence of mistake, ignorance, inadvertence, coercion, ineffective assistance of counsel, or any factor that overcame the defendant’s exercise of free judgment. A skilled Los Angeles plea withdrawal motion lawyer can help present this evidence effectively. Courts have repeatedly emphasized that the burden rests on the moving party. Still, the policy is remedial: if fundamental fairness was compromised, the conviction should not stand.

Deadlines and Timing Rules for Plea Withdrawal in Los Angeles

• Before judgment. A motion filed pre-sentencing is entirely within the court’s jurisdiction and is assessed under the liberal “good-cause” standard.
• Within six months of a probationary sentence. Once judgment is suspended and probation granted, the six-month clock under § 1018 begins to run. Missing this window usually forecloses relief under the statute.
• After custody ends. Defendants who are no longer in criminal custody may pursue relief under the newer motion to vacate statute, Penal Code § 1473.7, discussed below.

Because these timelines are rigid, an early case audit by an experienced attorney specializing in plea withdrawal motions is essential. Our firm routinely orders the plea transcript, performs an advisal analysis, and calendars jurisdictional deadlines immediately after intake to avoid waiver.

What Qualifies as a Good Cause to Withdraw a Plea in Los Angeles

Courts have found good cause in a variety of recurring fact patterns. The most litigated include:

• Failure to Advise on Immigration Consequences. Padilla v. Kentucky requires defense attorneys nationwide to inform non-citizen clients of deportation risks. California set the bar even earlier in People v. Soriano, holding that counsel must give “actual and specific” immigration advice. If neither counsel nor the court provided a proper advisement, and the client can show a reasonable probability she would have rejected the plea, § 1018 relief is appropriate.
• Ineffective Assistance of Counsel (IAC). Examples include counsel’s failure to investigate viable defenses, neglecting to negotiate a more favorable disposition, or giving incorrect sentencing advice. The defect must be material and prejudicial under the Strickland standard.
• Coercion, Duress, or Mental Impairment. Threats, promises outside the written agreement, intoxication, or untreated mental illness can impair voluntariness. Affidavits from medical professionals or family members often prove decisive.
• Language Barriers and Interpreter Errors. When a defendant lacks an interpreter or receives mistranslated advisements, the plea may be deemed involuntary.
• Newly Discovered Evidence or Actual Innocence. While less common, post-plea discovery of exculpatory evidence may justify withdrawal, particularly where the prosecutor withheld the information in violation of Brady.

Post-Conviction Relief and Immigration Motions After Plea Deals

Penal Code § 1473.7 (effective 2017, significantly amended in 2021) allows a person no longer in criminal custody to move to vacate a conviction if the plea is legally invalid or if prejudicial error obscured the immigration consequences. Relief is not time-barred and has become a cornerstone of post-conviction practice for permanent residents and undocumented clients seeking to avoid removal.

A successful § 1473.7 motion vacates the judgment and reinstates the original charges, placing the matter back at the pre-plea stage. The prosecution may refile or renegotiate; a skilled plea withdrawal motion lawyer can often leverage the evidentiary problems created by the passage of time into a more favorable disposition or dismissal.

Using a Writ of Coram Nobis When Other Remedies Are Unavailable

For defendants still within custody but outside § 1018’s six-month limit, and whose claims could not have been raised earlier with reasonable diligence, a common-law writ of coram nobis may provide a narrow pathway to relief. Typical grounds include clerical or factual errors extrinsic to the record, such as the discovery that a plea counsel was never licensed to practice law. While technically available “at any time,” coram nobis is disfavored and granted sparingly.

Building a Strong Motion to Withdraw a Plea in Los Angeles Courts

• Clear and Convincing Evidence Standard. Courts weigh affidavits, contemporaneous emails, investigator reports, plea-form irregularities, interpreter certifications, and expert declarations. Hearsay objections are relaxed, but credibility is paramount.
• Transcripts and Dockets. Obtaining the reporter’s transcript of the plea colloquy and the court file is mandatory. They reveal whether the trial judge complied with statutory advisements and whether any red flags indicate that the defendant's decision was not voluntary.
• Supporting Declarations. Client Declaration must be detailed, consistent, and supported by corroboration. Former Counsel Declaration, often necessary for IAC claims; if counsel is uncooperative, a subpoena may be required. Immigration lawyers, psychologists, or interpreters bolster the technical aspects of the motion.
• Negotiation Leverage. Prosecutors often agree to stipulate to withdrawal if a substitute plea preserves the conviction while eliminating immigration exposure or enhancing victim restitution. Early proactive outreach can prevent costly contested hearings.

What Happens If the Motion Is Granted?

Granting a withdrawal nullifies the plea as if it never happened; the case reverts to the arraignment stage. The prosecution can:

• Proceed to trial on the original charges.
• Offer a new plea bargain, sometimes for lesser offenses or diversion.
• Elect to dismiss if witnesses or evidence have faded.

Notably, a withdrawn plea does not erase the charges; it simply restores the defendant’s trial rights. A knowledgeable Los Angeles plea withdrawal motion lawyer will ensure this risk analysis is clearly explained to every client before applying.

How Kraut Law Group Criminal & DUI Lawyers Maximizes Your Chances

As a former Los Angeles Deputy District Attorney with over 30 years of criminal courtroom experience, Attorney Michael E. Kraut has argued and opposed hundreds of plea-withdrawal motions from both sides of the aisle. Our firm’s approach includes:

• Rapid Case Assessment. Same-day transcript and file requests; deadline tracking.
• Holistic Evidence Review. Forensic examination of immigration records, mental-health files, and plea forms.
• Strategic Negotiation. Leveraging prosecutorial insight to achieve stipulations when possible, preparing for contested hearings when necessary.
• Network of Experts. Certified immigration specialists, mental health professionals, and professional interpreters are available on call.
• Client-Centered Advocacy. Transparent communication, 24/7 availability, and a track record of proven courtroom results highlighted in numerous published decisions and media features.

Frequently Asked Questions About Withdrawing a Guilty Plea in Los Angeles Criminal CasesContact a Los Angeles Plea Withdrawal Motion Lawyer Today

If you believe your guilty or no-contest plea was entered under misinformation, coercion, or without a complete understanding of its consequences, do not wait until deadlines expire. Contact Kraut Law Group Criminal & DUI Lawyers for a confidential, no-obligation case review. Our main office is located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Call (888) 334-6344 or (323) 464-6453 or use our secure online contact form; our team is available 24/7.

Safeguarding your future starts with informed action. Let our experience, reputation, and relentless advocacy work for you.

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