I was convicted of a DUI in CA 45 days ago. Is it too late to appeal or vacate? 8 Answers as of July 04, 2013

I had a public defender who didn't do anything and actually screwed up the first plea, and had to change it again the same day so I got over appealing. Now that I am looking for a job I want to change it. Is it too late?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
It is not too late to attempt to withdraw your plea, but many judges are reluctant to allow it, especially when you had an attorney representing you ( even though it was the P.D. ). In order to have any success you should hire a lawyer and it definitely helps if the P.D. should not have recommended a guilty plea. A good lawyer toi consult is Tom Mueller at 408 2921564
Answer Applies to: California
Replied: 7/15/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
If you were found guilty after a trial you have 30 days to file a notice of appeal. If you wish to move to vacate your guilty plea based upon incompetence of counsel you have a maximum of six months to retain a new lawyer to bring such a motion. You need to speak to a criminal defense law firm immediately for proper guidance.
Answer Applies to: California
Replied: 7/12/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
I can' tell from your question whether you went to trial or plead guilty. The normal appeal period for an misdemeanor is 30 days. Under some circumstances you can file a writ of habeas corpus beyond that period on grounds not covered in an appeal. You need to consult an certified criminal law specialist for further advice.
Answer Applies to: California
Replied: 7/8/2011
The Chastaine Law Office
The Chastaine Law Office | Michael Chastaine
Most likely it is too late. You can't withdraw you plea just because you changed you mind. You have to have legal justification such as new facts. Very hard to establish.
Answer Applies to: California
Replied: 7/8/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Yes, it is too late. You have to suck it up and wait for expungement 3 years later.
Answer Applies to: California
Replied: 7/8/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If you have valid legal and factual grounds on which to base an appeal, and are ready, willing and able to pay the substantial costs and legal fees of an appeal, then you have at max 60 days to file. If so, feel free to contact me. Other than that, you can consider in the future getting the conviction expunged; which would help in obtaining and keeping employment. Many convictions including DUI can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
    Answer Applies to: California
    Replied: 7/8/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Yep, too late for appeal. Might be coram nobis or habeas or collateral attack if insufficient knowingness of plea, but buyers remorse is not ground for any of those. Getting a competent attorney at the outset if the remedy.
    Answer Applies to: California
    Replied: 7/8/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    You can file a motion to withdraw your guilty plea if you do it soon enough. I believe you have six months.
    Answer Applies to: California
    Replied: 7/4/2013
Click to View More Answers: