Sometimes. Penal Code section 1018 lets a defendant ask to withdraw a guilty plea before judgment, but the defendant must show good cause. A separate six-month window applies only when the court suspended entry of judgment and granted probation. A motion is not granted just because the sentence is disappointing; evidence must show why the plea was not a free and informed choice. Penal Code section 1018.
First check the court’s timing posture
Get the plea date, minute order, sentencing or judgment record, and any probation order. If judgment has not been entered, section 1018 permits an application before judgment. The statute also permits an application within six months after a probation order only when entry of judgment was suspended. That second branch is not a general six-month deadline after sentencing.
If you appeared without counsel when entering the plea, the statute says the court shall permit withdrawal for good cause. In other cases the court may permit it. Either way, the request needs a factual basis and the judge decides whether the showing is sufficient.
What can show good cause?
A mistake, ignorance, or another circumstance that overcame the defendant’s free judgment may support withdrawal. For a claim based on mistake or ignorance, the California Supreme Court requires clear and convincing evidence. A useful record may include the exact term misunderstood, what the defendant was told, interpreter or communication issues, contemporaneous messages, and facts showing why the information mattered to the decision. Counsel can compare that account with the plea form and hearing transcript.
In People v. Patterson, the court explained that a standard immigration warning does not automatically defeat a timely section 1018 motion. The case was sent back for the trial court to exercise its discretion; the Supreme Court did not order withdrawal. A warning, regret, or unexpectedly harsh lawful sentence alone does not decide the motion. People v. Patterson.
What happens if the judge grants it?
The guilty plea is withdrawn and a not-guilty plea is entered. The criminal case resumes; the order does not dismiss charges or guarantee that an earlier plea offer will return. A rejected negotiated plea, a missing immigration advisement, and remedies after a final conviction involve different legal questions and should not be treated as interchangeable with section 1018.
Before deciding whether to file, have counsel review the exact court record, plea advice, evidence supporting good cause, and the current case posture. The Law Offices of David S. Chesley handles California criminal defense matters. Call (800) 755-5174 to discuss the record and available options.