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  1. #1
    Join Date
    Sep 2010
    Posts
    3

    Default Can a Public Defender Force His Client to Plead Guilty

    My question involves criminal law for the state of: california.
    what do i do when i am urged to pled guilty by my public defender and when i receive my court papers there is a paper that says " on motion of the people dismiss case"?
    can a public defender vehemitly urge his or her client to pled guilty knowing that there is a motion to dismiss the case? what are my options at this point? sentencing is a month away.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Can a Public Defender Force His Client to Plead Guilty

    We can't see your court file from here, so we're not in a position to tell you what the motion to dismiss is about. It may be a part of the proposed plea bargain - you'll plead guilty to a reduced charge and in exchange the prosecutor will dismiss the more serious charge. Talk to your lawyer.

    Nobody can make you plead guilty.

    How can sentencing be a month away if you haven't entered your guilty plea?

  3. #3
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Can a Public Defender Force His Client to Plead Guilty

    They can push but it's up to you to accept the plea or not,ask the pd what's up about the dismiss notice,communcation and being polite is the key.

  4. #4
    Join Date
    Sep 2010
    Posts
    3

    Default Re: Can a Public Defender Force His Client to Plead Guilty

    he has refused to hear me all the way through this. just because my ex wife call the police alleging a domestic(faulsly) just to get the officers to the house which i had just returned to after being forced to leave by a dropped restraining order and just being released from jail.i was away from the house for almost two months. how can they say the weed she handed to the officers is mine just because i have a medical card? and how can my pd tell me to plead to possessing something i had neither touched nor had knowledge of just because i'm a 290?

  5. #5
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Can a Public Defender Force His Client to Plead Guilty

    I seen the closed thread if a guitly plea has not been entered then it's your right to refuse any plea. Since you have priors and strikes it's a big risk bringing it to trail,maybe the chance of winning is 50/50 or not so good,then like the pd said your facing 25 to life. It's not fair the pd is just going by the law on the book,you can call a private lawyer and see if they can work out a payment plan. Some offer a free cosulation so it might be a good idea to call a few,for another view on the case. The pd is in court day in and day out so they experince and know how the system works.

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