Withdrawing a Criminal Plea- You Need More Than Just A Change Of Heart

Withdrawing a criminal plea in California is a complex legal process governed primarily by California Penal Code § 1018. This law allows a defendant to ask the court to withdraw a guilty or no contest plea under specific conditions. The process is not automatic or guaranteed; instead, the defendant must demonstrate "good cause" for the request. This summary provides a comprehensive overview of the legal standards, procedures, timing, and potential outcomes of a motion to withdraw a plea in California criminal court.

Legal Basis for Withdrawing a Plea (Penal Code § 1018)Statutory FrameworkCalifornia Penal Code § 1018 states: "On application of the defendant at any time before judgment or within six months after an order granting probation is made (if entry of judgment is suspended), the court may, for good cause shown, permit the plea of guilty or nolo contendere to be withdrawn and a plea of not guilty substituted."
Key elements from this statute include:

• The motion must be made before judgment or within six months after probation is granted (if judgment was suspended).
• The defendant must show “good cause” to withdraw the plea.
• The defendant must make the motion personally (not solely through their attorney).

So What Constitutes “Good Cause”?California courts have interpreted “good cause” narrowly. It must be something more than mere regret, confusion, or a change of heart. Some commonly accepted grounds include:
a. Involuntary Plea

• If the plea was entered due to duress, coercion, threats, or undue influence, it is considered involuntary.
• Pressure from co-defendants, police, or even overbearing legal counsel could potentially be used to establish good cause.

b. Lack of Understanding or Mistake

• If the defendant misunderstood the nature of the plea or its consequences, that may constitute good cause.
• For example, if a defendant was unaware that a guilty plea would result in mandatory deportation or loss of a professional license, this could support a withdrawal.

c. Ineffective Assistance of Counsel

• If the defendant’s attorney gave incorrect legal advice, failed to investigate important facts, or neglected to explain the consequences of the plea, this may rise to the level of ineffective assistance.
• Under Strickland v. Washington (U.S. Supreme Court), the defendant must also show prejudice—that but for the lawyer's error, the outcome would have been different.

d. New Evidence

• In rare cases, new exculpatory evidence may justify withdrawal if it significantly undermines the plea.

Timing and Procedural Requirementsa. Before JudgmentThe easiest time to request withdrawal is before the court enters judgment (i.e., before sentencing). At this point, the defendant still retains the statutory right under § 1018 to request withdrawal for good cause.
b. After Judgment — Limited TimeframeIf probation is granted and the entry of judgment is suspended, the defendant has six months to file the motion. After that window, the plea becomes final, and the defendant must pursue post-conviction remedies such as a petition for writ of habeas corpus or motion to vacate judgment under Penal Code § 1473.7 (especially relevant for immigration consequences).
c. Filing the Motion

• The defendant (or their counsel) must file a written motion and serve it on the prosecution.
• The motion should include a declaration explaining the reasons for withdrawal and attach supporting evidence if available.
• The court will usually set a hearing, where the defense and prosecution can present arguments and evidence.

Common Scenarios Leading to Motions to Withdraw Pleasa. Immigration ConsequencesMany defendants are not advised that their plea could lead to deportation, exclusion from admission, or denial of naturalization. Under Padilla v. Kentucky (2010), failure to advise on immigration consequences may constitute ineffective assistance of counsel.
For non-citizens, Penal Code § 1473.7 may offer an additional path to vacate a plea even after judgment has been entered, if the plea was not made knowingly or intelligently.
b. Mental Health or Cognitive ImpairmentIf the defendant was suffering from a mental illness or cognitive impairment at the time of the plea, they may not have had the capacity to make a knowing and voluntary decision.
c. Language BarrierIf the defendant did not fully understand the plea because of limited English proficiency and was not provided with adequate interpretation, this could support a withdrawal.
d. Coercion or ThreatsClaims that the defendant was pressured into taking a plea by law enforcement or others may support withdrawal if documented.

The Court’s DiscretionEven if the defendant shows good cause, the court has discretion to deny the motion. The judge will consider:

• Whether the plea was entered freely and voluntarily at the time.
• Whether the defendant was properly advised of their rights.
• Whether the withdrawal would cause prejudice to the prosecution (e.g., lost evidence, unavailable witnesses).
• The overall interests of justice.

Courts are cautious about allowing plea withdrawals to avoid undermining the finality of convictions.

Consequences of Withdrawing a PleaWithdrawing a plea does not end the case—it simply returns it to the pre-plea stage. The prosecutor may:

• Refile all original charges (including dismissed charges in a plea deal).
• Offer a new plea agreement.
• Proceed to trial.

In some cases, withdrawing a plea may result in harsher consequences, especially if the prosecution decides to be less lenient. Defendants must carefully weigh the risks and benefits.

Comparison with Federal LawFederal Rule of Criminal Procedure 11(d) allows withdrawal of a guilty plea before sentencing if the defendant can show a fair and just reason. This is a broader standard than California’s “good cause.” However, after sentencing, withdrawal is allowed only to correct a manifest injustice—a much higher burden. California’s procedures and timeframes, while distinct, share similar goals: preserving fairness while respecting the finality of convictions.

If you have a case in which you feel you need to withjdraw your plea, reach out to Devina Douglas to see if she's the right attorney to help!