Motion to Withdraw a Guilty Plea in Indio
Serving Clients throughout the Palm Desert
Penal Code section 1018 permits a defendant to move to withdraw a plea of guilty or no contest at any time before judgment or within six months after being granted probation (if an entry of judgment is suspended) for good cause shown. At the Law Offices of Anastacio De La Cruz, we can help you consider your options and determine if this would be a good decision for you.
Call (760) 610-0606 or contact us online for a consultation.
“Good cause” is shown if the defendant establishes he acted in “mistake, ignorance, inadvertence or for any other factor overreaching a defendant’s free and clear judgment.” Other factors that may be considered good cause for relief under this section include pleas entered by fraud or under duress.
How to Proceed with This Action
There are strict timing requirements to filing a motion pursuant to Section 1018. You must file this motion either before judgment or within six months after an order granting probation is made if entry of judgment is suspended.
If you have recently pled guilty and now feel you have good cause to withdraw that plea, is important to hire an attorney experienced in post-conviction relief to help determine whether a motion to withdraw a guilty plea under Penal Code Section 1018 is appropriate.
True Example of Successful Motion to Withdraw a Plea
In 2017, Mr. Black, who was concerned with possible immigration consequences of his misdemeanor charge, was advised by his criminal defense attorney to consult with a legal professional who was well versed in immigration laws and the specific consequences of this charge. Mr. Black consulted with a notary public (commonly known as a “notario”- similar to an attorney in Mexico) and communicated to his attorney the advice given.
Unfortunately, Mr. Black was misinformed that a misdemeanor conviction would not carry immigration consequences, and he was arrested by Immigration and Customs Enforcement (ICE) officers shortly thereafter. The Law Offices of Anastacio De La Cruz was retained for post conviction relief and, after analyzing the facts of the case and the relevant law, filed a motion to withdraw the plea under Penal Code Sections 1018.
The prosecution was provided evidence of the misadvisal and that immigration concerns were contemplated at the time of the plea. After demonstrating evidence contemporaneous to the time of the plea (family and community ties showing that client would not have knowingly pled guilty had he been informed of the true immigration consequences), the prosecution did not oppose the Penal Code Section 1018 motion to withdraw the plea. The Law Offices of Anastacio De La Cruz was successfully able to negotiate an immigration neutral charge.
We can help you make the best use of your legal options. Call (760) 610-0606 now to get started.
5-Star Reviews
Keeping Families Together One Case at a Time
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Mr Anastacio De La Cruz has been nothing but a blessing for my family, he took my son case and handled it with care and puts a lots of effort into delivering the best results we could ever ask for, forever thankful that we got referred by another client of him- Esmeralda Q-Shayne
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Working with Anastacio De La Cruz was a pleasure, all the staff in the office were truly helpful.He recently helped my dad out with getting his cases dismissed. He has truly given my father a second chance to regain his family. They were always on top of their game, with our case always advicing us what was the right thing to do.- Tomas Quintero
Once again Thankyou Anastacio for being an awesome lawyer, continue helping those who are in need. -
Hello everyone I would like to take the time to appreciate and thank Anastacio de la Cruz and his people for everything he has done for me, to give me another opportunity in life to do well and become a better person. There’s no words to describe his hard work. He’s definitely a lawyer I’d 100% recommend to anyone who needs help of any sort . He will do the best of his ability and won’t give up.- Ulysses Almanza
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Thanks to the lawyer Anastacio de la Cruz for helping me fight my criminal case in court and being able to eliminate all the charges that were brought against me, I recommend him, he is a very good lawyer 👍- Eulises Card
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I highly recommend law offices of ANASTACIO DE La Cruz. He went above and beyond with his services he handled my restraining order case he got it dismissed.- Juan Osorio
Also his staff was very friendly and helpful they answered all my questions and concerns. His prices are the cheapest out there I highly recommend anastacio de la Cruz!!!! -
I hired Mr.De La Cruz when I found myself needing some serious legal help. I had multiple cases on my plate at the time. As a single mother, it was almost impossible to juggle working full time, attending school, on top of having to be in court. Mr.De La Cruz went above and beyond in assisting me and my legal short comings. He treated me with the utmost respect. While having Mr. DLC on my team I was able to continue life stress free! Thank you Anastacio for all you’ve done for me! I couldn’t have done it without you! You are one of the BEST if not THE best attorney this valley has to offer.- Bianca Acuna
