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Asker
Posted over 1 year ago.

I had never been arrested before and wasn't allowed my meds that I have been on for 19 years and was very sick was w/o meds for 3 days.. I met the PD @ the podium to enter a plea and was told I could go home if I went along with whatever she said. I needed out and was not mentally capable of coherant thinking. I thought I was to pay a fine within 12 months and if no other trouble there would be no record of any charges ever. I was not honestly informed no did I have the ability to understand what was going on anyway. That is the basis. Plus the fact that I am innocent of this charge and never would have admitted guilt to something I didn't do. I lost my job and became homeless based on a cultivation charge that I didn't and couldn't have had anything to do with.

John M. Kaman
John M. Kaman, Criminal Defense Attorney - San Francisco, CA
Posted over 1 year ago.

You lose. If you were sick you should have said so.

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Asker
Posted over 1 year ago.

I did..

Joseph Salvatore Farina
Joseph Salvatore Farina, Criminal Defense Attorney - Sacramento, CA
Posted over 1 year ago.

As pointed out by Mr.. Goodman, your biggest hurdle will be the fact that the judge would have asked you a series of questions regarding your plea to determine whether it was knowingly, voluntarily and freely made. Judges ask if you are on any medication which would affect your plea and will ask i you have any questions before entering your plea. Based on what you have said, it does not sound like you will get to withdraw your plea. And your sentence will be based on whatever deal your attorney worked out before you pled. Whether you go to jail or are allowed to do some type of alternative time depends on whether you pled to a state prison sentence or local county jail.

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Asker
Posted over 1 year ago.

I do not remember the judge asking me more than if I was being forced, which I took to mean under some element of violence,. I know I told him that I was w/o my medications. I had been on the FDA maximum dose of prozac for 19 years, and an antianxiety and an anti- seizure medicationthat I was given 5 months before this after being beaten by a drunken neighbor and receiving TBI and PTSD. I was still recovering from the hematoma I got after being violently attacked. I was told that not taking my meds. could be dangerous so I took them with me to the jail and they refused to give any to me. So, when I say I was not capable of knowingly entering into any type of agreement, I am being honest. I want to reiterate that I was not involved in growing anything. I dont smoke anything nor do I sell drugs. I know everyone says that they are innocent. But I did not do this. I believed I had to go along with what was being said so I could get my medications back and that it was the only path out of my nightmare.

Joseph Salvatore Farina
Joseph Salvatore Farina, Criminal Defense Attorney - Sacramento, CA
Posted over 1 year ago.

If you told the judge you didn't have your medication, his or her next question would have been "Does that in any way affect your ability to understand what you are doing here today" to which you must have answered no. Otherwise, he or she wouldn't have taken your plea. You may not remember everything that happened, but there is a transcript that will have everything that was said between you and the judge.