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Can i take this to trial? Too late to avoid jail or prop 36?

El Monte, CA |

I entered a guilty plea for posession of meth which resulted in DEJ/PC1000 but ther was no probable cause & unlawful search. The drugs werent mine & i did not know they were in my sisters purse until we were both in the back of his vehicle. I did 3 days in the womens jail paid all fees, judge is not happy, i missed my last court date, dej counselor says theres discrepancies in my attendance and file he has as opposed to my record keeping of cladses & fees paid. He will not ask judge for extention in order to resolve discrepancies. He asked that i inform the judge of this and then he'll go iver my filr with me. Judge will not hear me. Idk who my PD is, i spoke to DA last court date bcuz PD was not available. Also, its been 14 months & judge did impose additional requirements (work release 5

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Attorney answers 3

Posted

I have had several DEJ matters in El Monte. I can say that El Monte judges have the least tolerance with PC 1000 and Prop 36 cases. The judges in El Monte prefer prison over the program so my advice is that if you wish to stay out of prison to walk right and get someone who will fight for you. Good luck.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

Asker

Posted

Should i try contacting a public defender first? Or find the one who is supposed to represent me? I just need 1 more class...

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

Try to find your attorney. If you cannot find your attorney, then contact the pd or any other attorney on this site. Good luck.

Posted

You have already pled guilty. There's no "do over" just because you fail DEJ

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

Asker

Posted

I just think i should be given the opportunity to complete the last dej class i have left within these next 4 months considering the program is 18 months to 3 years.

Anthony Michael Solis

Anthony Michael Solis

Posted

I don't disagree with you. But you also have to understand that PC 1000 is the rare opportunity to get a felony conviction off your record. It is only offered to first offenders and it is a HUGE benefit. So, courts have a right to expect something close to perfection. You can certainly try to withdraw your plea, you can certainly ask the judge for a chance to complete the program, I'm merely saying that in criminal courts, you make choices and, most of the time, you have to stick with those choices. I wish you luck. I hope you get what you need.

Posted

I agree with Mr. Solis. You are eligible for Prop 36, but I don't see how you can avoid it at this point. It's been 14 months since your plea.

The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter without first directly consulting with an attorney about the particulars of your case.

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