Rodney Richard Rusca’s Answers

Public defenders are great attorneys. They pass the same tests that the judge’s take. However, they are overworked. When I was a public defender, it was common for me to work twelve (12) hour days and work on the weekends in order to professionally represent my clients. Some public defenders can only put in eight (8) hour days. They may not have the time to write important motions, do proper investigation, interview you in jail, or take time to read your police report. If that's the case...

Yes, but its super tough. You have to show the plea was done with mistake, ignorance, inadvertence, or some other factor that demonstrates overreaching (CA law, may be slightly different in Texas). The idea is the same, courts generally won't allow in unless there was something very wrong at the deal. It seems like you knew what it was all about and took the deal knowingly. California allows for an expungement after you complete probation. That may be your better option.

Not in California, the way it works here is once the police have gathered the evidence, the case is given to the district attorney. The supervisors review the evidence and determine how strong the case is. The trial district attorneys determine if the case goes to trial. Sometimes, the politics of the district attorney’s office leaves the ultimate decision with the supervisors. You may be a factor in the district attorneys willingness to proceed. That area is a little sticky on what I...

It depends, most crimes have a maximum sentence under their code section. If you go to the judge an explain your non ability to pay, s/he can give you community service or possibly work program instead of your fine. In Fresno County, judges would give you jail time at $100 a day, so you would probably do two days. However, seeing as the fine is so low. I think the charge may be an infraction to which you may not be able to do jail time. I would put it on calendar at the clerks office and...

The DWI is likely a misdemeanor. However, that is not his big problem. He will be facing a violation of probation. He got probation on the felony burglary. When people are relatively new to the criminal courts (I'm guessing the 19 year old doesn't have much history), the court will grant them probation. The court is saying do what we say, and you can avoid prison. Here, he didn't do what he was supposed to. Obey all laws. Let's say he pleads to the DWI. DWI's come with punishment....