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  1. #1
    Join Date
    Apr 2008
    Posts
    12

    Default 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.

  2. #2
    Join Date
    Apr 2008
    Posts
    12

    Default 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?

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default 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

  4. #4
    Join Date
    Apr 2008
    Posts
    12

    Default 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?

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default 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

  6. #6
    Join Date
    Apr 2008
    Posts
    12

    Default Re: Question About Court...

    Quote Quoting cdwjava
    View Post
    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.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Question About Court...

    Quote Quoting Sh1zn1t
    View Post
    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

  8. #8
    Join Date
    Apr 2008
    Posts
    12

    Default 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.

  9. #9
    Join Date
    Apr 2008
    Posts
    12

    Default Re: No Papers Received From Court

    Any answer?

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default 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.

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