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

Asked about 1 year ago - 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

Attorney answers (3)

  1. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Best Answer
    chosen by asker

    Answered . 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... more
  2. Anthony Michael Solis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  3. Michael Moshe Levin

    Contributor Level 15

    3

    Lawyers agree

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,592 answers this week

3,278 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,592 answers this week

3,278 attorneys answering