First let me thank the good folks who come here of their own free will to help those of us in dire need of your advise and guidance.
My question is in regards to prior Misdemeanor Charges where the defendant pleads guilty or "no contest" in exchange for Deffered Entry of Judgement and 18 months of minimum supervision probation.
I was given the DEJ program and completed the requirements for therapy, and fines, fee's, and was given a dismissal date of June 6th 2006.
In November 2005 I was cited and released for a Misdemeanor Possession of drug paraphanelia, with a court date on the citation for Dec 28th 2005.
When I appeared at court on 12/28/05 court was not in session, and no record of the citation could be found in the Clerk's system.
On 12/29/05 the Citation was filed and a Notice sent on 1/5/06 ( Which I never recieved ) indicating a court date for 1/26/06.
On 1/26/06 a Bench warrant was issued for Failure to appear.
On 1/30/06 I made a calendar date for 2/14/06.
On 2/14/06 I was given a PRETRIAL date for 3/22/06 for current charge, and TIME WAIVED for prior charges.
3/22/06 Offered Prop 36 by DA and refused to recieve a TRIAL ASSIGNMENT date for 5/12/06. Prior case docket reflects both the 3/22/06 and 5/12/06 dates Event log as JUDGEMENT AND SENTENCE
After some research I "think" but am not sure, my probation was revoked for the Failure to Appear. Is this the case and can I now be sentenced to prison? Am I not allowed a probation violation hearing where I can present my defense of the violation?
This was my first offense, and I have not even been convicted of the current charges yet, which my public defender states there is not enough evidence to be able to convict me of the current possession of para charge which is why we did not accept the prop 36 offer.
The PD said from talking with the DA and pointing out the holes in the prosecutions case, the DA needed to "confer" with her superior in order to get permission to dismiss.
Is dismissal likely to happen? Should I be preparing for trial? My PD has not setup any future appointments to confer/discuss possible subpoena for dispositions, (5 police officers and 2 witnesses)
The police report was unavailable to my PD as reported "lost" by the DA's office until the morning of 3/22/06. Is this some sort of violation to my rights? Shouldnt my PD have requested more time before going ahead with a TRIAL ASSIGNMENT? Can I still request more time on my TRIAL ASSIGNMENT date?
If the Trial does not actually take place until after June 06 2006 (original Dismissal date for the prior charges) Will i still be liable for sentence on the priors? Why is there no listing of the dismissal date on the docket report any longer? Do I have to request a court date to reinstate probation again because of the mixup with court dates?
This is all so confusing.. and they seem to really be wasting alot of money on a case that even the citing officer said will get thrown out. The problem is I dont think the DA even read the report, they just assume and prosecute and hope that we take the offers they give!@
Im concerned about my PD not doing as much as she could be, and wonder if she even really tried more than once to retain the police report. I have yet to see the report and its been 5 months, and apparently Ive got a trial date, and revoked probation/DEJ and conviently short of my original dismissal date.
Wouldnt it be best to clear up the DEJ revocation and delay the trial until after the dismissal? How can the DA give me an offer on priors that SHOULD be in a compliant status.
Will the FTA revocation hold up and allow them to give me jail time because THEY gave me a bad court date and did not even file the intent to prosecute until AFTER the date on the citation that said I was to appear in court?
Thanks in advance for your help!
DEJVacated

