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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102162
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In a criminal proceeding, can a change of plea form be filed

Customer Question

In a criminal proceeding, can a change of plea form be filed and then a preliminary hearing take place, and then after hearing that refutes testimony entry of plea form is completed again just before sentencing without DA nor Judge signs it. Judge suspends imposition of sentence and grants probation...on appeal, state contends first change of plea form is binding....what say you? I can't believe one would consent to change of plea and THEN have a preliminary hearing exposing police misconduct, and being held to first change of plea, when the DA nor judge never signed the second one and defense notes on 2nd one that he never read nor explained the nature of the charges...thanks
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.A Defendant is free to try to attempt to retract their original plea of guilty, if this is what happened. This is very difficult. This is done by filing a Motion to Withdraw Plea and asking the Judge to throw out the prior plea. The Court in CA will consider the following arguments for this motion:No representation by attorney.Were not aware of consequences of the plea.Coerced into the plea.Incompetent attorney who mislead.Language barrier.An entry of plea form has to be accepted by the Court to be binding (arguably), so it may not be seen as valid if it was never signed by the Judge OR FORMALLY ENTERED INTO COURT RECORD. However even if it was, then the Defendant can argue that they did not understand what they had signed when signing.Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.