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Withdrawal of "no contest" plea

Fremont, CA |

under what circumstance court allow withdrawal from traffic citation "no contest" plea? speeding, registration.

It's around 4-5 months since arraignment.

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Attorney answers 4

Posted

Did you plead no contest at your arraignment? What is your reason for wanting to take it back now? While you are still within the time frame to do so, you have to have some reason other than "I didn't like the consequences." Talk with an attorney to see if this is even a possibility now - and next time, don't try to do this yourself.

Mr. Feasel is a former prosecutor in San Mateo County (CA) with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.

Asker

Posted

not served to correct address. serna motion.

Chris J Feasel

Chris J Feasel

Posted

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

I appeared without attorney. Can I withdraw based on that?

Chris J Feasel

Chris J Feasel

Posted

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.

Posted

Don't represent yourself. Hire a lawyer as soon as possible. Good luck!

Posted

This is a very tricky area in law. You need an attorney to deal with this. Courts are reluctant to withdraw pleas that have been entered.

Posted

The odds of you or an attorney being a successful in withdrawing a plea in a traffic case are slim and none. Unless you were somehow mislead into pleading no contest nothing is changing that plea. It would be an extraordinary circumstance to get this plea withdrawn. Good Luck Ron Bamieh

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