Can I changea plea from guilty to no contest?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I changea plea from guilty to no contest?

I entered a plea of guilty to receive a DEJ and drug treatment program, but my my employer has a zero tolerance drugpolicy.  Therefore, it is going forward with my termination. My union appointed lawyer says that I must somehow change my plea to no contest in an effort to keep my employment. Is this possible? How do I go about this?

Asked on February 17, 2011 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is my understanding that it is possible under the California penal system to change your plea, but that it is not an easy endeavor.  You will need help from an attorney to do so.  Where in the process of the plea are you?  Have you already been sentenced?  Are you on probation?  Depending on where you are will govern how you go about it:  making a motion to withdraw you plea, etc.  Your attorney will have to speak with the prosecutor's office who consented to the plea in the first place.  If they are on your side then it is more likely that a Judge will grant your request.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption