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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118789
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Criminal California Law, Can a minor revoke a plea? My brother

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Criminal California Law, Can a minor revoke a plea?

My brother is 17 and was the driver of a car that had two guys in vehicle.

One of my brother's friends had a meth pipe with drugs in it (felony)
and the other friend had a felony amount of weed.

The cops let the two guys go because they stashed the felony items in the car.
My brother has since been in juvenile hall. He asked for them to fingerprint the pipe because he had never touched it, and all and all the courts ended up offering a plea bargain where if my brother took the felony for the weed, they would drop the felony for the pipe.

My brother went before the judge and plead no contest and we're wondering...because we've been told that he can revoke it. Basically we've been using a public defender and we're wondering if we should pay the funds for an attorney her locally (we cant afford it, but would find a way to get the money, would not be easy)...we're just wondering if theres any way we can lower the sentence/criminal charges in this situation. The other two people in the car were over 18, and are completely not involved in this situation or anything.

By the way:
He had 32 grams of weed in the car but he didn't even know it was there
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Was your brother represented by legal counsel in court?
Customer: replied 4 years ago.

A public defender

Thank you for your response.

If your brother was represented by an attorney, as part of a plea agreement if the court found that he was advised of the consequences of a plea I am afraid that his right to vacate such a plea is waived. The only possible chance your brother has is using a private lawyer and filing an appeal and prove that his counsel did not properly perform his job and seek to have the plea vacated based on "ineffective assistance of counsel," and this would be the only way to get his plea vacated. If you cannot prove the ineffective assistance of counsel in that the public defender did not properly advise him, then I am afraid the plea remains.

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