Legal Question in Criminal Law in California

Innocent of drug charges and trying to protect her future.

My 21yo dau has no prior criminal history but currently being charged w/possession or purchase of cocaine to sell. She insist she is innocent and does not want this to hinder her education/career goals. At the preliminary hearing the co defendent (rumored to have a prior and wants to plea out) had a Pub Defender and told my daughter that he could not represent her, she had no representation that day and the case was continued to next week. We have no money to hire an attorney or to bail her out, how does she go about getting representation who will really fight to prove her innocense? And will the co defendents plea effect my daughter? Why is her case grouped together w/a co defendent? Does she have the right to a defense w/o a co- defendent?


Asked on 5/29/09, 7:37 am

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Innocent of drug charges and trying to protect her future.

Either hire an attorney or apply for the Public Defender.

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Answered on 5/29/09, 5:19 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Innocent of drug charges and trying to protect her future.

These are all legitimate questions. Your daughter needs a lawyer - period. If public defender has a conflict, the court will appoint someone either from the Office of the Alternate Public Defender or Bar Panel. She has an absolute right to a court appointed lawyer.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

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Answered on 5/29/09, 6:12 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Innocent of drug charges and trying to protect her future.

If your daughter is indigent and the public defender has a conflict (which is often true in multi-defendant cases), an attorney from another office will be appointed to represent her at public expense. Some counties have multiple public defenders in order to deal with situations like this. Others retain private counsel for the defendant when the public defender can't serve.

It is unlikely that your daughter could have her case severed from that of her codefendant, but severance is sometimes possible. Her lawyer will know whether the option is available to her and, if so, whether it is worth pursuing.

Good luck.

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Answered on 5/29/09, 7:45 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Innocent of drug charges and trying to protect her future.

No court appointed attorney is going to do very much for her; try harder to find the money for a private attorney. Also, although I hate to say it, criminal defendants are notorious liars, and cocaine users are bigger liars than that. I have never had a cocaine defendant come to me who did not also have a BS story about how poor she is. If she can afford cocaine, she can afford a lawyer. You should carefully consider the possibility that she is lying to you.

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Answered on 5/29/09, 7:51 am


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