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Hello I plead guilty to a DUI and received 2 month jail sentence. Can I withdraw my plea or modify my sentence??

Orange, CA |

After I was declined a public defender and could not afford a attorney I went with the plea. Assuming it was a fine and the dui classes, which I was wrong. I was giving 2 months in jail and the fines. I travel 2 weeks out of the month for work and can not do the 2 months in jail. Is there anyway to get the sentence withdrawn or even modified without the healthy attorney fees? This is my second DUI, the first was in 2004.

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Attorney answers 5


Your plea forms that you signed should have contained the sentence, including any jail term, that would be imposed when you plead guilty. You can make a motion to try and withdraw your plea, but you must show good cause and a legal basis to do that, not just because you now don't like the deal.

In the alternative, you can seek to modify your sentence to do your time on home confinement (house arrest), weekends, or in a private jail - or a new report date that works for your work schedule.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.


The sentence you received is in line with what many Judges offer on a 2nd time DUI. It is hard to imagine that the public defender didn't go over the amount of jail time, or that the Judge didn't advise you of this requirement at the time he took your plea of guilty. Especially when you signed a form saying you understood that was to be your sentence. In any event if you wish to challenge the plea or make a motion to withdraw it, that is your right. You will probably want to hire a lawyer and that will cost you. You can ask the public defender to help you, but I imagine he/she will say that they did advise you of the jail requirement. You will likely have to demonstrate they were incompetent in not telling you the consequences of your plea and you will need some excuse as to why you signed that document, but that is for you to explain.


You are going to have to bite the bullet and get your sentence modified with the help of counsel. Find one.


You will need to hire a lawyer if its been more than a month.

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The DUI took place in Nov 2011. I went to court they said the case was not there. They told me they will contact me in a few months and no contact. Went to Canada to work last month and they told me there was warrant for my arrest. Came back to the states and went to court last week Monday. Now they want me to report on 2/1 for the 60 days.. And I can not afford to lose my job.


Motions to withdraw please are possible, but can be difficult to get granted. I would highly recommend you consult with an attorney to discuss if this is possible in your case. Note that there is generally a time limit of 180 days to submit such a motion. Another option would be to see if you can get house arrest, which will allow you to go to work...although there is likely to be travel limitations. A third option can be weekend jail so you can travel during the work week.

Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.