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What are the chances that if i file a motion to withdraw plea, it will be granted? (Dry Reckless Plea)

Long Beach, CA |

.07 BAC
Officer followed me from the bar and pulled me over for making a white right turn that indicates drinking
took field sobriety tests
Hired public defender
first public defender transferred to different district
new public defender told me she is leaving and may not be able to stay for the court date that i ended up pleaing...
she convinced me and rushed me to make a decision to plea to a dry reckless after making it seem as if i did not have reliable counsel...
she never discussed my case to me
do i have good grounds for a withdrawal?

Attorney Answers 3


Your chances are very slim. You are asked when you plead if you are doing so freely and voluntarily and you must have answered "yes" for the plea to be accepted. The court will view an attempt at withdrawal as buyer's remorse and deny it.

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I agree.. You didn't hire a public defender, I assume you requested one. If you were present for the plea the judge asked you a serious of questions about the plea. Nonetheless you can still attempt to withdraw your plea. Talk to an attorney and they will tell you about possible grounds to withdraw your plea and you may be granted. Good luck!

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Generally speaking, I agree with the other attorneys that the chances are not good. One potential factor that is not clear is how long ago this happened. You may want to consider calling the public defender's office to see what they have to say. Good luck.

Jasen Nielsen

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