Motion to Vacate a Criminal Judgment
Once you enter your plea of either guilty or no contest, it is assumed that you have done so freely, knowingly and intelligently.
A motion to vacate a criminal judgment can come into play when:
• You later learn that you were unaware of all of the consequences of your plea
• You were coerced into your plea
• You were represented by an incompetent attorney or no attorney at all
If one of these elements is present, Penal Code 1018 allows for you to file a motion to vacate your criminal judgment. If this motion is successful, you will have the opportunity to withdraw your plea and enter a not guilty plea. Basically, your conviction will go away and the case would start all over from the beginning.
In order to be victorious on a motion of this type, you will have to prove that it is extremely likely that you would not have entered the guilty or no contest plea if you had known all of the facts at the time that you pled.
Do you have questions about a case? Visalia and Bakersfield area criminal defense attorneys at Martens & Brusseau can assist you with criminal charges. With years of criminal defense experience, our firm has handled thousands of cases. Attorneys here have the skills and knowledge needed to defend your rights. Serving the Visalia, Fresno, and Bakersfield areas, Martens & Brusseau can provide expert criminal defense counsel. CONTACT US AT 559-302-9722 OR 661-466-2142 TODAY