Antonio Arturo Cota's Answers

Small misdemeanor public defender

You should address this question to the public defender assigned to the case or to their office generally. They will tell you whether (and when) you need to appear in court and can schedule any other meetings necessary to handle your case. Keep in mind that the attorneys in the PD's office have a high caseload and have very little time so that you will likely be dealing mostly with staff or with the attorney at court.

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RESTITUTION: What does restitution cover? I have had it held until I was ready to go back to Court on a Wrongful Death/PI Case

I moved this to the personal injury board since it's less about defenses the accused has and more about how you can get money from someone. Victims of crime are entitled to restitution, and typically restitution is sought by the District Attorney. You have the right to an attorney of your own of course, who can advise you about whether you can obtain restitution and who may be willing to devote more time to obtaining compensation that the District Attorney sometimes puts into such hearings. "...

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Are public defenders not as good as private criminal lawyers?

Public Defenders are often very good at what they do. And, just as with any other lawyer, some are better than others. It is foolish for people to pre-judge their attorney solely because they work for the Public Defender's office representing indigent clients. Whether or not a private attorney could get as good or better result in YOUR case is impossible to tell without a file or facts for us to review. (You would be foolish to post facts related to your case here, where DAs can read it.) I...

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Can I visit restaurants at the mall I am banned from during probation?

My colleagues are right. Why risk screwing up a good resolution to your case? Are you really that eager to hazard your future so you can go to these places? I've been to mall restaurants. I have yet to see one that is worth throwing away the great resolution you obtained. (Unless, of course, you like the cafeteria at the Gray Bar Hotel.) The prosecutor offered you a chance to prove to them that you're not a troublemaker. This is not the message you want to send. Quibbling over whether an...

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How likely can I get a second DUI charge reduced if I wasnt driving and sleeping in my car after a wet reckless last year?

These kinds of cases can be difficult for the prosecutor to win, depending on how it was investigated and whether you exercised your right to remain silent. Without information from you, for example, it may be difficult for them to prove any connection between your blood/breath alcohol level at the time of arrest and at the time of driving. Your attorney will also want to look at whether the arrest was even legal. On facts like these, that is a realistic possibility that could lead to the...

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As a witness can i say i do not want to talk about an incident I was invloved in?

Generally, a witness who is properly served with a valid subpoena can be compelled to testify. A subpoena is a court order to attend court. Once there, if called as a witness, the court may find you in contempt if you refuse to answer questions. It is a felony to give answers which you know to be false. In some situations, however, it is possible that you may have a right not to be compelled to testify, especially if you may have criminal liability. You can hire, or ask the court to appoint,...

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Never got a ticket or court date to appear

Please don't post any additional facts here. You need to contact an attorney as soon as possible. You don't state specifically what you were charged with, although I assume it was DUI since you posted in the DUI section. In many such cases, where the person has been detained, but not arrested or taken to jail at the time of the incident, the driver has defenses based on either the lack of critical evidence, improper police procedures, illegality of detention or arrest, or flat out absence of...

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Can a lawyer I have spoken with about my case but have not yet hired now represent another defendant involved in the case?

And, as I previously indicated, I would stress that you should not offer any more information about the case until you determine whether you can hire him. As a practical matter, an attorney who is not extremely careful to avoid representing or even consulting with two parties to the same case with adverse (or even potentially adverse) interests may not be worth hiring in the first place. First, you need to make sure you have a lawyer with an undivided loyalty to you. Secondly, if there is a...

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Cali.-My 1st DUI was in 2004, convicted of #2 in 2010, first DUI was under 7 year law, has been 7 years already, can i expunge?

The lookback period for determining whether a DUI will count as a prior is ten years. But that doesn't affect whether your can get relief under Penal Code Section 1203.4. To qualify for relief (which is sometimes mistakenly called "expungement") you must, at the very least, not have any charges pending and you must not be on probation or parole for any offense. Since you appear to be on probation for the 2010 DUI, you will not qualify for that relief. However, you should still contact an...

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Do Attorney's visit their clients in Jail?

Every attorney has a different approach to dealing with clients. While the attorney is not specifically obligated to visit the client regularly, or even at all, some attorneys will do so when there are important developments in the case, or where the client has bargained and paid for that. While there are things that can be more important for the defense, such as obtaining a proper investigation and preparing to handle any legal or technical issues that may arise, the client can be an...

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