Is it possible to retrack my plea? I was rushed and told I would not get a better deal.
I'm getting charged for 466 PC and 480 (A) PC
My public defender rushed me and told me that the DA was not going to give me a better deal and that if I didn't take it that the deal of a 2 year split was not gonna be there next time, so on my last court date I signed but called and asked her to submit a motion to retrack my plea and seek new counsel. She said there was no grounds for it and I would have to get an attorney. So what should I do? I'm trying to find an attorney to represent me before my next court date and retrack my plea so I don't get sentence on my next court date.
A motion to withdraw a plea has very specific legal grounds that it is your burden to establish. At your next court appearance the Public Defender is duty bound to tell the judge of your request and a new attorney could be appointed for you or you can hire one to determine if in fact you have any valid grounds to withdraw
Please be aware that any comments that I have made are preliminary and tentative and not based upon a thorough analysis of your case. I would need additional information and review the exact documentation to be sure of the above advice. The answer above does not create an attorney/client relationship and does not require me to answer any future questions.
Your PD probably was telling you the truth about the 'deal' offered by the DA being the 'best' you were going to get. I tell my clients the same thing when it is true that is a 'tlast best and final' offer. That is quite common with the DA's. Your choice was to take the deal or risk going to trial and losing, then being sentenced to the full weight of the statute.
If you now want to run that risk, after the PD says they won't do that for you, then as they said, you need to. hire private experienced criminal defense counsel, like one of us on this panel, to pursue your choice. If you are ready, willing, and able to pay the attorney fees that will be required, and sign a 'retainer' agreement that specifically warns you of the trial risks and sentencing you face if you lose, feel free to call. Don't delay.
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