Chris J Feasel Criminal Defense Attorney
Posted over 13 years ago.
You're mixing up apples and oranges, mostly because you're not an attorney and you're reading things on the internet is my guess. A motion to withdraw your plea must be made on the grounds of fraud, duress, etc. A Serna motion is a motion to dismiss on speedy trial grounds. It's too late for a serna motion since you pled. A motion to withdraw your plea based on mistake of fact or law also wont help you. Next time, get an attorney to do these things for you - after all, you wouldn't try doing surgery yourself either, would you?
Asker
Posted over 13 years ago.
I appeared without attorney. Can I withdraw based on that?
Chris J Feasel Criminal Defense Attorney
Posted over 13 years ago.
On a traffic case? Probably not - you were advised of your rights and penalties before you pled, now you would have to establish that, somehow, you didn't understand what was going on. Based on what you have posted here, you won't succeed on your own. Get an attorney to assist you.
Asker
Posted over 13 years ago.
not served to correct address. serna motion.