No Papers Received From Court
My question involves criminal law for the state of: California
Back in April, I was charged with an 11357(possession of less than an ounce of MJ), and was given a ticket for a Misdemeanor with a charge of $100 and had to sign a sheet promising to show up in Misdemeanor Court on June 22. They also said I would be receiving some paperwork in the mail pertaining to my case.
Now here's where I'm confused. I never got the papers in the mail, but I assume I still have to go to court on the assigned day, right? Also, I am supposed to be assigned an attorney, correct? Where can I contact said attorney as I was never designated one by the officers I was in contact with.
Would my best course of action be to do the pre-guilty plea and do drug classes, etc to get out of the misdemeanor? Or are there any better options?
Thanks for any help, as my court date is quickly approaching.
Re: Question About Court...
Sorry, I forgot to add one VERY important thing.
Is the license suspension penalty for this crime mandatory? I am 18, and will be going to college in the fall. If I have no license, I cannot get to college, as I have to commute. Will the judge allow me to keep my license if I mention that?
Re: Question About Court...
Since no jail time is possible, no public defender need be assigned. If you want an attorney, you will likely have to pay for it yourself. You will be advised at arraignment if you have the opportunity to a state-appointed attorney or not.
And, yes, you have to show up in court on the date cited. Failure to show will likely result in a warrant being issued for your arrest.
And unless a motor vehicle was involved in your offense, your license should not be effected by a conviction for H&S 11357.
- Carl
Re: Question About Court...
Thanks for the info.
So, when I was charged, they found the MJ in my car, and also confiscated 2 smoking apparatuses from me. But, I was not driving at all, and not charged for the apparatuses.
Do you think they would note that in the police report or use that to tie my license into this whole situation?
Re: Question About Court...
Yes, they probably will attach it to your license. However, you can probably ask for a plea and the DA might recommend to the court that they NOT suspend your license.
- carl
Re: Question About Court...
Quote:
Quoting
cdwjava
Yes, they probably will attach it to your license. However, you can probably ask for a plea and the DA might recommend to the court that they NOT suspend your license.
- carl
Sorry, I'm very new to the judicial system. I have never been to court before.
What do you mean by plea? A plea bargain? And how would I go about doing that? I have no problem going to classes/probation, but my license is necessary in this part of my life.
Re: Question About Court...
Quote:
Quoting
Sh1zn1t
Sorry, I'm very new to the judicial system. I have never been to court before.
What do you mean by plea? A plea bargain? And how would I go about doing that? I have no problem going to classes/probation, but my license is necessary in this part of my life.
Whether you will be able to keep your license unfettered is questionable. But, to make a plea your attorney will need to contact the DA and see what might be on the table. It is something you might be able to do yourself, but the DA usually does not want to talk to unrepresented defendants unless they have indicated that they intend to represent themselves at trial.
But, practices vary, so it might not hurt to call and ask them what they might offer you. Maybe they'll take the license suspension off the table by asking the court not to recommend it. You might also be eligible for a deferred entry of judgment which should protect you provided you complete all your classes and such.
- Carl
Re: Question About Court...
Okay, that sounds fine.
So, if I plan on not hiring an attorney(don't have the $), who would I contact about this? The San Diego District Attorney Bonnie M. Dumanis?
And if asked on a federal form if I was convicted of possession charges, at this point, it is okay to select no, right? Since the trial has not occurred yet.
Re: No Papers Received From Court
Re: No Papers Received From Court
If you want a lawyer, you can hire a lawyer or (as previously instructed) find out through the court if you are eligible for a court-appointed lawyer. If you want to negotiate a plea bargain, and you choose not to use a lawyer, you need to talk to the prosecutor.