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HS 11377(a) Possession of a controlled substance. Can I approach the DA personally and request PC1000?

Newport Beach, CA |

First offence. I believe I qualify. Can I avoid the added expense of a lawyer who who basically do the same?

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Attorney answers 4


I would suggest you use a public defender. let an attorney deal with this . You might say something you regret later.


I agree with Mr. Roberts. It's not advisable to represent yourself. Even attorneys who get arrested hire counsel. If you can't afford a lawyer, the Public Defender with be appointed. If you do not qualify for the PD because you make too much money, call around and get some free consultations. You might be surprised how affordable some attorneys might be for this type of matter.


Nicholas M. Loncar, Esq.
t. 323.803.4352 | f. 323.617.3838
Sunset Law Building | 1295 W. Sunset Blvd
Los Angeles, CA | 90026


Just because you can do something doesn't mean you should. You have a Constitutional right to represent yourself, however it's NOT a good idea. You may be right, you may qualify for diversion & you may get the same results as with a lawyer, or there may be an unforeseen circumstance and you may harm your case. You purchase car insurance even though you don't expect to get in an accident right? If you are indigent, request a public defender.


If you qualify for a public defender then I suggest using a public defender. If you don't qualify for a public defender then I suggest contacting an attorney to review the facts and develop a strategy. Many reputable attorneys offer a free consultation. I suggest meeting with at least one soon while the facts are still fresh in your mind. Not only for that reason, but by contacting an attorney early you have an opportunity to confer with the prosecution beforehand with the possibility of having the charges rejected altogether before the court date.

Remember the miranda warning is only provided to those who are detained or under arrest. It doesn't apply to you in the courtroom so everything you say to the DA will be used against you. Everything! Don't do this on your own, especially in the OC. The misdemeanors DAs in Newport Beach are young and upcoming. They want to make a name for themselves and if it means trampling over your rights, then they will. I'm in that courthouse quite often so I have seen it firsthand to those who try to defend themselves. Lawyer Up!
(800) 409-7010

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.