You do have a right to discovery and you should be persistent on obtaining it. I recently left the OC Public Defender's office (not sure if your case is in OC) and I can give a little insight on how that office operates. If this was your first court appearance, your case was handled by a calendar public defender, someone who is in that same courtroom everyday, handling the entire felony calendar with usually only 1 other person. The office requires the public defender to redact all...
Yes. It is not up to a cop to file charges...it's the prosecutor who decides to file after the cop submits the police report. You should retain a lawyer to help you.
I suggest you sit down with an attorney who practices federal defense and go though in detail the circumstances surrounding your initial plea in order for the attorney to determine if there is a "fair and just reason" to withdraw it. Generally speaking, Rule 11 applies to plea withdrawals in federal court:
(d) Withdrawing a Guilty or Nolo Contendere Plea. A defendant may withdraw a plea of guilty or nolo contendere:
(1) before the court accepts the plea, for any reason or no reason; or
You and your family need to retain a lawyer. Depending on your career goals, this may impact your life dramatically. Interview a few lawyers and pick the one you are most comfortable with. Many of us offer free consultations.
You can request a public defender when you go back to Department C5 at your next court date. The judge will have you fill out a financial declaration under penalty of perjury in order to determine if you qualify. Considering you are being charged with a serious offense, which costs more for legal representation, you will most like get the public defender. If you are employed, the court might make you try to find a different private attorney who allows payments. Good luck!
It means your case is not going to be filed in juvenile court. You need to complete the community service and attend a diversion program so this will never show up on your rap sheet. Unfortunately, the arrest may still show up if you were actually formally arrested by the police. Good luck!
I wish you would've posted this before talking to the police. You need to consult with a criminal defense attorney in person. Don't post any more specifics on this site. I offer free 1 hour consult as do others on Avvo.