plea of non contest but u want to cahnge and go to prelimanry can u be put back on the calander to go to prelim
Do not enter any plea without first consulting with a local practicing licensed professional first.
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Criminal Defense Attorney
To withdraw your plea under Penal Code section 1016, you must do so within six months. However, besides such a request needing to be timely, it must be legally and factually supported. Good cause is what is required and courts are supposed to allow such relief liberally.
"Good Cause" to set aside a plea is shown when the defendant demonstrates that the plea was entered as the result of a mistake, ignorance, inadvertence or some other factor that demonstrates overreaching defendant's free and clear judgment. People v. Caban (1983) 148 CA3d 706; People v. Superior Court of City and County of San Francisco (1974) 11 C3d 793.
"Good cause" to withdraw one's plea can also be shown by mistake or ignorance as to the evidence. The court has thus held that when defendant pleads guilty to a crime, and believes at the time of his plea that he was guilty, when as a matter of law the facts could not actually establish his guilt, he is entitled to make a motion to change his plea. People v. Moore (1935) 9 CA2d 251, 255.
First, you have to have your plea withdrawn. Then you can go on to the prelim. Good luck.
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Criminal Defense Attorney
It's possible but very difficult. Contact your attorney.
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