If you or a loved one is facing criminal charges in Ventura or Santa Barbara, we may be able to help. At The Law Offices of Bamieh & De Smeth PLC, we can help you navigate the criminal process. Thanks to decades of experience, we have developed the skills, knowledge, and experience to represent your interests in all stages of your case. Turn to our knowledgeable criminal defense attorneys for high-quality legal representation.
Don’t put your rights and freedom at risk. Keep reading from the Ventura criminal defense attorneys at Bamieh & De Smeth, PLC about whether or not a plea bargain can be withdrawn in California.
Is it Possible to Withdraw a Plea Bargain in California?
Withdrawing a plea bargain in California may be possible. However, there are specific elements to be considered before granting a withdrawal. A bargain withdrawal can happen before sentencing and after sentencing. We will discuss both scenarios in more detail.
Pre-Sentence Plea Bargain Withdrawal
A plea bargain is a negotiation between the prosecution and the defendant in a given case. During a plea bargain, the defendant agrees to declare himself guilty in exchange for a benefit on their situation. However, the negotiation and the concession of any benefits are not automatic. The judge evaluating your case will either accept or reject the bargain. This means the presiding judge has discretion when evaluating plea bargains.
A judge will consider the adequacy of the punishment to determine if they will accept or deny you plea. For instance, a judge may not accept a plea bargain if such is exceptionally beneficial and disproportionate to the seriousness of his crime. They can also take other elements into account, such as public interest.
A defendant can withdraw their guilty plea if a judge has not accepted it yet. Additionally, a defendant may have the chance to withdraw their plea if the presiding judge has no intention of accepting the plea the defendant intended. However, you should keep in mind that this type of withdrawal has to be done without delay before the judge serves a sentence. A skilled and experienced Ventura criminal law attorney can help you identify the best moments to withdraw plea bargain.
Post-Sentence Plea Bargain Withdrawal
Post-sentence plea bargain withdrawals can be possible. However, there is a high chance your plea bargain will not be withdrawn once a sentence has been imposed. In other words, once sentenced, your chances of withdrawing your plea can be very low. However, if your plea leads you to suffer any obvious or apparent injustice, it may be withdrawn. There are situations where a judge can allow withdrawing your plea post-sentence. For instance, you may withdraw your plea if you pleaded guilty without full knowledge of the charges against you and the consequences associated with it. This is something that can happen if the defendant doesn’t have appropriate legal representation. Make sure you are always represented by a skilled, knowledgeable, and experienced criminal defense lawyer who understands how everything works.
How Can a Lawyer Assist in a Plea Bargain in California?
Whenever you are facing prosecution, legal representation is critical. It is always in your best interest to have skilled, experienced, knowledgeable legal representation by your side. This is especially true if you are considering a plea bargain. Generally, your criminal defense attorney will enter into negotiations with the prosecution. This is the bargaining process, and it requires in-depth knowledge of criminal procedure and how the bargaining process works.
For instance, your criminal defense lawyer has to gather critical evidence to strengthen your position and strategize to get you the best bargain possible. A weak case will not move the prosecution to enter into a bargain. The stronger your case, the better your chances of entering into a plea bargain.
Many public defenders in California can take over your case and assist you with your plea bargain. However, most public defenders are often overworked. This can hurt your case as the public defender won’t likely have the time to dedicate himself or herself to your cause. Retaining the services of a criminal defense attorney can give you a better fighting chance. Our dedicated, skilled, and professional criminal defense lawyers can help you understand the bargaining process and guide you through it.
Criminal Defense Attorneys Handling Plea Bargains in Ventura and Santa Barbara
Facing criminal charges and entering into a plea bargain with the prosecution in California can be overwhelming. This is especially true for those who have never been involved in a criminal case before. When your rights and freedom are in jeopardy, it is critical to have skilled legal representation by your side. At The Law Offices of Bamieh & De Smeth, PLC, we can help you through the entire process by guiding you and upholding your rights as a defendant. To learn more about your case in a free, confidential consultation, call our law offices today at (805) 585-5056.