Can I change a plea deal at trial?

Asked on July 21, 2014 under Criminal Law, California


Richard Southard / Law Office of Richard Southard

Answered 6 years ago | Contributor

There would never be a trial scheduled if you accepted a plea deal.   So if you are asking can you change your plea at or during trial, the answer is yes; however, typically the same offer is not available oncw the trial has begun.  If you are asking whether you can withdraw a guilty plea and ask for a trial instead, then the answer is maybe.  It depends on the legal basis for withdrawing - it can'to just be, I changed my mind. 

Maury Beaulier /

Answered 6 years ago | Contributor

Your question is confusing.  You may certainly decide to enter a guilty plea rather than going to a trial.  Whether that is a wise choice would depend on the facts of the case and, to a degree, what the prosecutor is offerring as a plea agreement at the time. 

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