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As a follow up to the cultivation question I asked previously. (thankyou for the helpful responses) Now whats next?

Asked in Fresno, CA - 4 months

I have no money and could not get the Public Defender to return my calls. So, with the previous advise given, I did alot of on line research and put together a motion to vacate my previous guilty plea. When I went to court, I recieved a court date for next month. I dont know if he will grant my motion or not but, either way, what happens next? If it is denied, will I be sent to jail? For how long? Is there anything else I can do? I am just really scared.

Attorney Answers (4)

Amy Katherine Guerra

Amy Katherine Guerra

Fresno Criminal Defense Attorney

Licensed in CA

Answered 4 months ago. If you wish to withdraw your plea, or at least discuss the implications of doing so, you may consider letting the judge know at your next court date. In most cases, the judge will appoint a new attorney, from the conflict defender's office to advise you in the matter. You may even think about advancing yourself on the calendar so that you can take care of the matter sooner. You may have grounds to withdraw plea, but that's not something we can tell you without reviewing your case. Even if you have grounds, it may not be advisable because of your exposure, the strength of the case against you, etc. These are all things counsel you should discuss with your attorney, or the new attorney that gets appointed to your case.
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John M. Kaman

John M. Kaman

San Francisco Criminal Defense Attorney

Licensed in CA

Answered 4 months ago. I am not familiar with your previous questions but I can say this. You should have filed a motion to withdraw your plea although the court will probably consider your motion as is since you are in pro per. These motions are seldom granted. There must be some unconstitutionality in your plea. If it is not granted you will be sentenced and sent to jail/prison. I can't guess how long as I don't know the charge.
John M. Kaman
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Michael Douglas Shafer

Michael Douglas Shafer

Norco Criminal Defense Attorney

Licensed in CA

Answered 4 months ago. Withdrawing a plea is a tough row to hoe. Before entering the plea, I am sure the court questioned you thoroughly about the plea form you initialed and signed and that your PD explained anything you did not understand. If you win, more power to you. If not it is off to serve your sentence.
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Ross Carl Goodman

Ross Carl Goodman

Las Vegas Criminal Defense Attorney

Answered 4 months ago. What is your basis to withdraw the guilty plea. The reason why these are difficult is because during your plea canvass the Judge aked you questions regarding the voluntariness of your plea and whether your lawyer aswered any of your questions so that is was entered knowing any consequences.
The information presented here is for informational purposes only and does not constitute legal advice. The... more
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