TO WITHDRAW - nccourts 2025

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You can file a motion with the court (generally through your attorney) to withdraw your plea, and it is expected that you have some good reasoning for it, such as deception or change of circumstances, discovery of new evidence, and so on.
Definition. The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof.
A motion to vacate specifically asks a judge to cancel something. If a judge or jury convicted you of a crime or you pleaded guilty then a motion to vacate might ask the judge to cancel the conviction. For a successful motion to vacate, you must have a precise reason based on California law.
In California, a plea may be reversed under the following conditions: The defendant brings a motion to withdraw a plea: When a defendant or their legal representative believes the original plea deal contained errors or constitutional violations, they can appeal to a higher court to have the agreement overturned.
(e) If an attorney wishes to withdraw from representing a party, and written consent is not obtained, or if the party is not otherwise represented, the withdrawing attorney shall file an appropriate motion seeking permission to withdraw and provide appropriate reasons for making the motion.
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This usually means that the case will be reset to the stage before the plea bargain was reached. The prosecutor and the defense can negotiate a new plea, or the case can move forward to trial. Sometimes the judge will dismiss the charges if the defendant withdraws their plea based on new evidence of their innocence.
The rule requires that a motion to withdraw be filed and served on the client and other parties of record. The courts approval will not be granted until client and counsel for other parties consent in writing or 14 days pass after service of the motion.

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