Do not enter any plea without first consulting with a local practicing licensed professional first.
The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding.
Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction.
The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales.
Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues.
Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue.
Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602
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First, you have to have your plea withdrawn.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.
It's possible but very difficult. Contact your attorney.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.