If my 20 year old son has a clean record but was sentenced to 2 years and a strike, can he withdrawal his plea since he didn’t understand what he signed?

And, if so, will he still get represented by a public defender?

Asked on February 23, 2013 under Criminal Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If not too much time has passed since your son plead out and was sentenced to what he was sentenced to, he can file a motion to withdraw his plea under the guise that he did not understand what he signed. Whether the court grants the motion remains to be seen. Whether he gets represented by a public defender depends upon whether the qualifies for such.

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