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How can I proove to the judge that I'm incompetent excuse me if I misspelled

California City, CA |

My attorney told me that the judge violated my probation and he asked me wasn't i payin attention..the thing is idk if I was or wasn't I thought he was going good plus we're probation search was at by officers I didn't live there but now I'm violated awaiting for sentencing...what would I be facing..I have no hung time...and when came a few days before court to see if my public defender would file in new evidence that help me get out of violatin he said it was to late I've already been found guilty and a possible chance I could be facing 16 monthsi in prison is this?? true..my first violation and I'm on probation for ca pc 12031a1 and was violated for pc29800....it was unloaded and nore did it have my prints...what can I do I'm not that bright..I just don't wanna loose my family

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Attorney answers 3

Posted

You should ask your attorney what you were being violated for probation for. From the sections cited above you were on probation for some kind of illegal gun possession and were violated for another kind of illegal gun possession. Generally, if you're on probation and commit another crime you've violated probation, (it doesn't have to be the same crime, it can be ANY crime), aside from any other conditions of probation you might typically have such as abstinence from drugs or alcohol and bars, clean drug testing, reporting to your PO when required, curfews, being employed, not consorting with criminals or "disreputable people and places" (including old friends, and so forth.

And often if you're on probation and violated, it's very cut and dried that if the PO violates you, you will lose your second chance. With probation, typically, it's one strike and you're out. Sorry, but that's the way it works unless you really weren't doing what they claim you did causing probation to be revoked, but you need to confirm whether you have a defense to the violation with your attorney ASAP.

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Jack Richard Lebowitz

Jack Richard Lebowitz

Posted

p.s. I changed the main topic of your question to "criminal defense" from "attorney ethics" so you might get better responses from criminal lawyers in California.

Posted

Take a deep breath and sit down with your attorney and have him explain it to you.

Asker

Posted

I try's everything even a motion for marsen...turns to find out I can't speak like how I want to..everything is thinking to me I try'd to explain a Gus but not a dad half on my public defender I'm not skilled I don't have any experience in rights,jobs,laws,ill asume it's right like I have my canabis card and in being charged for phs 1158 and 1159 I thought hacking pot or pot period was legal..I'm unaware of rights or the law..any officer can do what they want..I thought I was a jurisdiction for them idk if I'm being lied to

Michael Douglas Shafer

Michael Douglas Shafer

Posted

I am sorry for your predicament and condition.

Posted

I think you may be using the wrong phrase as to "incompetence" .You appear competent. Do you mean that you have some affirmative defense to the charges that is not pursued?

Take it up with your lawyer.