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  1. #1
    Join Date
    Jun 2014
    Corona, CA

    Default Driving While Under the Influence of a Controlled Substance, VC 23152a and HS 11550

    Im being charged with VC 23152a and HS 11550 in Riverside county. First offender, female, 28 yrs old, no injuries, no alcohol and over 21. Methamphetamine was in blood. With what little money my mom had she hired a private attorney to try and keep me out of jail. My lawyer said the DA wants me to plead guilty to HS 11550 and he wants me to find a rehab to take me for 90 days inpatient on top of 3 years probation and abunch of fines that he hasnt given a number to. If i dont find a place ill have to serve 90 days in county jail. Ive called over 30 rehabs and have asked about county beds and other publicly funded ways to get into treatment and have had no luck and privately paid are way too expensive. I keep getting told that my lawyer shouldve done more for me and that im getting too harsh of a punishment for a first time offender. I keep getting told I should fire my lawyer and ask for a public defender, that they would negotiate a better deal for me and they can forsure find and get me into a rehab facility if need be. Could a public defender do more for me than what my lawyer has done? My question involves criminal law for the state of: California.

  2. #2
    Join Date
    Sep 2005

    Default Re: Could a Public Defender Negotiate a Better Deal for Me Than My Private Attorney

    I do not think a public defender will do any better finding you a publicly funded in-patient rehab. In fact, even with a court-ordered in-patient rehab, it might be nearly impossible to find a bed at the county's expense.

    You might check with your county's Health Services agency and see if they have any suggestions or options. Alternatively, you might want to have your attorney try and push the issue with the DA and argue that there simply are not any beds available in publicly funded in-patient programs just now, but that you are willing to accept the plea to drug diversion, accept probation and the fines and community service, and attend regular counseling and drug testing through whatever programs might be available (Prop 36, PC 1000, or Drug Court, most likely).

    If the DA will only accept YOUR getting into an in-patient program within 90 days, then he's asking for something that may be nearly impossible for you to fulfill.
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ...

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