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As a follow up to the cultivation question I asked previously. (thankyou for the helpful responses) Now whats next?

Fresno, CA |

I have no money and could not get the Public Defender to return my calls. So, with the previous advise given, I did alot of on line research and put together a motion to vacate my previous guilty plea. When I went to court, I recieved a court date for next month. I dont know if he will grant my motion or not but, either way, what happens next? If it is denied, will I be sent to jail? For how long? Is there anything else I can do? I am just really scared.

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Attorney answers 4

Posted

If you wish to withdraw your plea, or at least discuss the implications of doing so, you may consider letting the judge know at your next court date. In most cases, the judge will appoint a new attorney, from the conflict defender's office to advise you in the matter. You may even think about advancing yourself on the calendar so that you can take care of the matter sooner. You may have grounds to withdraw plea, but that's not something we can tell you without reviewing your case. Even if you have grounds, it may not be advisable because of your exposure, the strength of the case against you, etc. These are all things counsel you should discuss with your attorney, or the new attorney that gets appointed to your case.

Please don't forget to choose the "best" or most "helpful" answer. This response does not create an attorney client relationship. The information provided here should not be relied upon and is not a substitute for legal advice received by an attorney that you have retained for your specific case. If you are actually involved in a case pending in court and you have an attorney, you should speak to your attorney and follow his/her advice. The information provided here is for general purposes only.

Posted

I am not familiar with your previous questions but I can say this. You should have filed a motion to withdraw your plea although the court will probably consider your motion as is since you are in pro per. These motions are seldom granted. There must be some unconstitutionality in your plea. If it is not granted you will be sentenced and sent to jail/prison. I can't guess how long as I don't know the charge.

Posted

What is your basis to withdraw the guilty plea. The reason why these are difficult is because during your plea canvass the Judge aked you questions regarding the voluntariness of your plea and whether your lawyer aswered any of your questions so that is was entered knowing any consequences.

The information presented here is for informational purposes only and does not constitute legal advice. The Goodman Law Group, P.C. recommends that you consult an attorney with experience in your specific legal issue. Please contact us to schedule a confidential discussion of your situation. Such communication does not create an attorney-client relationship of any kind until a formal engagement agreement is signed by both you and the Goodman Law Group, P.C.

Asker

Posted

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

Posted

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

Asker

Posted

I did..

Joseph Salvatore Farina

Joseph Salvatore Farina

Posted

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.

Asker

Posted

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

Posted

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.

Posted

Withdrawing a plea is a tough row to hoe. Before entering the plea, I am sure the court questioned you thoroughly about the plea form you initialed and signed and that your PD explained anything you did not understand. If you win, more power to you. If not it is off to serve your sentence.

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