Can I Back out of a Plea Deal?

Question: ”If I took a deal but have not been sentenced yet, can I take the deal back next month when I go to court for sentencing?”

Answer: You could attempt to by way of a motion to withdraw your plea, however, there has to be a legal basis to have it granted, as buyer’s remorse is not grounds to have your plea withdrawn. Be aware that if you are successful, you are placed back in the position you were in just before you accepted this offer. However, the DA would be under no obligation to renew the same offer to you again. I don’t know the strengths or weaknesses of your case, however, so I’d suggest you go back and speak to your attorney about whether this would be possible in your case.

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    Jesse P. Duran
    Lancaster, CA Attorney Jesse P. Duran is bilingual in both English and Spanish. He graduated from the California State University of Northridge (CSUN) with a bachelor’s degree in Business Administration, with an emphasis in Business Law. He continued his education at Pepperdine University School of Law in Malibu, California, graduating with his juris doctorate and passing the California Bar in 2006. After working in the District Attorney’s Office in Van Nuys, he went into private practice in ...

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