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Public defender and criminal conflict defender said You have no rights.

Fair Oaks, CA |

I have a CCD attorney and my boyfriend had a public defender representing us. I had a possession charge my boyfriend sales. I had ..10 and being charged with a felony I have never been arrested before in 47 years. They did a probation search and I got arrested. Do I have any rights or because my boyfriend is on probation and I stayed the night at his mothers house where he lives I lose my right to fight my case. I didnt want to take there deal .Long story short I was harassed by the public defender to take it he told me I had no rights and I was taking the deal. He told me Iwould give my boyfriend nine years if Ididnt. Im so upset because I was told this did he do anything wrong or is this what public defenders do?

I have always from our first court date wanted to fight my case. I had boyfriend went with the public defender to his office and told him and then showed him proof of what I was planning to file a pichess motion. The day of court my attorney doesnt show and the public defender told the court we were resolving the matter in two days and that was that i couldnt say anything .

Attorney Answers 4


I understand that your boyfriend getting 9 years is not going to make you happy. HOWEVER, your attorney should not use that against you to convince you to plead guilty. There my be miscommunication. Your rights are limited in relationship to searches when you live with or hang around a probationer - thats is the short answer.

You should consider hiring a private attorney if you do not feel that your publicly appointed attorney is helpful.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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There is so much missing to give you any feedback. The reality is most public defenders are good at their job especially those handling felony. The conflict counsel are generally pretty good too or they won't be contracted.
My experience is many times clients have a belief, expectation, or a misunderstanding of the process or law that is unreasonable. They believe it should work a certain way or are unwilling to accept the reality of their situation. I think you should consult with a private attorney to see if it was a bad deal to withdraw or vacate your plea.

This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.

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There are limitations on the rights one has in regard to searches when they are present with a probationer. The searches of a probationer are not totally unlimited.
I am concerned that the attorney for your BF is the one who told you that you had to enter a plea. I agree that you should sit down for a discussion with an attorney. You have 6 months to withdrw the plea, but proving that you were coerced into entering the plea will be difficult.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Your rights against illegal search and seizure can be severely curtailed when associating with probationers or parolees. If they have a "fourth waiver", which is a common term of probation, any area that is under their dominion or control may be subject to warrantless search.

That being said, it is unclear from your question what the exact facts of your case are. It is highly unusual that your "deal" was delivered to you by your boyfriend's lawyer. My advice is to speak to an experienced attorney in your area to get specific advice.

SLG Criminal Law Group
515 South Flower Street
36th Floor
Los Angeles, CA 90071

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