After an individual is convicted of a crime by entering a plea of “guilty” or “no-contest”, they many want to “take back” or “withdraw” their plea. In order to do this, an individual must file a “motion to withdraw plea.” The individual petitions the Court to allow them to take back their guilty or non-contest plea and restart their case by entering a “not guilty” plea to the same charges.

A judge may deny a motion to withdraw a plea unless the individual shows “good cause”
why they should not be stuck with the plea they entered. For example, the individual’s
prior attorney did not properly represent them in a significant way, or they were not properly advised about all of the significant consequences of entering a plea of guilty or no contest, such as immigration consequences, that they were pleading to a “strike” offense or how long they were ordered to stay in jail or prison.

The legal team at the Law Offices of Mark Daniel Melnick has extensive expertise in
handling motions to withdraw pleas. Most importantly, our attorneys will analyze your
case and give you their absolute honest opinion about whether filing a motion to withdraw
plea is a good or bad choice. If filing a motion to withdraw plea is a sensible option,
we will handle the process from start to finish. If we believe filing a motion to
withdraw plea will not help your case, we will let you know. In some cases, withdrawing
a plea could actually hurt a person and likely result in a greater punishment. In those cases a motion should not be filed.

If you or a loved one is considering withdrawing a “guilty” or “no-contest plea to a
criminal charge, contact a criminal defense attorney from the Law Offices of Mark Daniel Melnick today at
(818) 981-9777.