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Can I withdraw my guilty plea to misdemeanor for theft of a vehicle while being innocent and the truth came out now?

El Cajon, CA |

I purchased a vehicle from a person known to me, I gave him a down payment and scheduled payments. I had to go for family emergency and couln't make one payment on time and the seller falsely reported it stolen on the street in front of his house. have been stopped and arrested. had all the receives about purchasing the car. The seller lied that he didnt know methat he didn't sell me the car, never discussed that sale with me. He did tell the truth in the court that he lied and the judge said that he doesn't believe him. Public defender told me that the judge is against me and I should take the deal. I had pneumonia and wasn't thinking clearly. I plead guilty to misdemeanor. I have all the evidence in my hands. Can I still change my plea? I want to sue the seller, he got money from ins.

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Attorney answers 4


I don't understand what court hearing you were at that the seller testified...if you ad gone far enough to have some oft of hearing you had plenty of time to produce the documents. If you had all the right evidence and paperwork,the police would not have doe anything so something doesn't add up here..
If you had evidence I why so long to produce?... You pleaded guilty and admitted to the facts. There are provisions under the law to withdraw the plea but it will take a skilled attorney... It is an uphill battle

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.


From the information you have provided, it sounds like you will be able to withdraw your plea pursuant to Penal Code section 1080. The fact that you were ill and not thinking clearly is very important. You should contact an attorney with experience in 1080 motions to assist you.

Please feel free to call Attorney Peter Blair for a FREE consultation. (619) 525-7005. Law Office of Vikas Bajaj, APC, specializing in Southern California Criminal Defense.

Peter Charles Blair

Peter Charles Blair


Whether it was my oversight or mistake via iphone auto-correct, I intended to say "it sounds like you will be ELIGIBLE to withdraw your plea pursuant to Penal Code section 1080.," not, "it sounds like you will be ABLE to withdraw your plea pursuant to Penal Code section 1080." By no means is it an easy task to withdraw your plea as judges are very careful when accepting the plea to ensure you are doing so knowingly and voluntarily.


There are few grounds that MAY allow you to withdraw your plea. One it the Public Defender's advice. The other one is the fact that you were sick and could not make a decision. Realistically, it will be denied because motions to withdraw pleas are really hard to have granted but it is doable. It seems like you have so much evidence right now and are ready to fight this case.

In that case, talk to a lawyer, show all the evidence you have (it seems really vague now by what you wrote here) and that way you can approach this the right way. Most of us, including myself, offer free consultation. Call us.


You can certainly try to. But time is of the essence. Hire a locally experienced criminal defense attorney to investigate your options ASAP!

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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