CanI go back to court and change my “no contest” plea?
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CanI go back to court and change my “no contest” plea?
I was charged for marijuana poss under an ounce it was only like a gram. The court gave me community service and I am supposed to complete a diversion program. Unfortunately I don’t have the time or money to do this. I know that the laws have changed though and marijuana possession under an ounce is only a $100 fine. I want that instead. Can I do that?
Asked on October 20, 2010 under Criminal Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I think that you should speak with a criminal attorney in your area on the matter. Generally speaking you can not go back to court and change your plea to get a better sentence because you believe that the laws have become more lenient. The justice system would never clear its calendars. And really, do you want a guilty plea on your record? In many states with the agreement you have you can expunge the arrest and you won't have a record (I am not saying that that applies to you here; you would have to check). That would be a much better ending to the matter. If you do not have the money then ask to make an application to waive the fees. But I urge you to make the time. Good luck.
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