Legal Question in Criminal Law in California

I have not been arrested but have received a notice from DA that I must appear on November 1st to enter a plea to

1 count 487(b)(3) PC

1 count 470(d) PC

I am guilty for sure nut dont have an atty and have been told to plead not guilty.

Is that good advice? What can I expect on Friday? Do you think I will be taken into custody?

Thanks

Brian Smith


Asked on 10/28/13, 7:40 am

3 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

You should contact an attorney you believe will fight for you, very quickly. You are being charged with serious charges. As a Former Deputy District Attorney and a Certified Criminal Law Specialist, with over 25 years of experience in these matters, I'm telling you that you could be taken into custody. When you speak to a lawyer, you need to go over all the facts, so you will know how to handle this situation. Most criminal defense attorneys, like our office, offer FREE consultations. Pick up the phone immediately and make some calls. I wish you well.................David

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Answered on 10/28/13, 8:02 am
Joe Dane Law Office of Joe Dane

Brian -

No matter how strong you think the case may be against you, never, EVER just plead guilty. You absolutely should start with a not guilty plea so your attorney can look over the evidence. There may be factual defenses you're not aware of, legal defenses (procedural issues) or other ways to either beat the case or reduce the impact to you.

Because they sent a letter, bail typically isn't an issue. The way it sort of looks is that the DA wasn't all that concerned and they sent you a letter rather than requesting an arrest warrant at the time they filed charges. Because of that and because your charges are non-violent, you probably won't be taken into custody.

I say probably, but yes, you could be taken in. If the dollar amount of the alleged loss is substantial, if the alleged victim is elderly or otherwise vulnerable or if you have a record, the judge could take you in and set bail.

You're always better off having an attorney familiar with the case at every stage, including the first court appearance (your arraignment). That way, your attorney is ready to argue against taking you in and against having to post bail. If the charges are filed as misdemeanors, your attorney can appear on your behalf without you having to go to court.

My office is in Orange & I practice in all the Orange County courts. If you'd like to discuss your case, give my office a call or send me an email and we'll set up a time to talk face to face.

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Answered on 10/29/13, 5:15 pm
Terry A. Nelson Nelson & Lawless

You have been charged with crimes.

You are going to be 'arraigned' at your first hearing, and should plead not guilty.

Since you appear not to understand the system, you should hire an attorney to represent you.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I've been doing these cases for many years.

In the meantime, stop confessing publicly to crimes, and do not talk to anyone but your attorney about the case.

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Answered on 10/31/13, 2:08 am


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