f you have been convicted of a crime, you may feel that your situation is irreversible, that nothing can be done to undo the damage created by uttering the words “guilty” or “no contest” or that your conviction at trial cannot be undone. However, many times, this is actually NOT the case. Depending on your situation, you may actually be able to VACATE your conviction. Let’s look at the various ways:
- Motion to Withdraw Guilty Plea: There are many circumstances under which you can motion the court to WITHDRAW your plea of guilty. Generally, this must take place BEFORE you are sentenced for the crime and you must demonstrate good cause.
- Motion to Vacate Your Plea: If there was constitutional deficiency in the proceedings, for example, if your then-attorney failed to properly advise you of the direct consequences that your plea would produce (for example, that you would have to register as a sex offender; that you would have to register as a narcotics offender; that you would have to submit to search and seizure by the police at any time, day or night), then our California criminal defense attorneys can motion the court to consider the lack of adequate counsel (Sixth Amendment violation) and vacate your guilty plea.
- Motion Error Coram Nobis: This is essentially a type of motion to vacate plea. Here, we look for some error in the proceedings, for example, the court failing to adequately advise you of the consequences of your plea. This frequently happens where the court