Legal Question in Criminal Law in California

Petition for Rehearing or petition for Modification

The day of my sentencing my lawyer sent someone else to defend me, who had NO clue about my case. I was charged with F(0001) hs11350 , substance

M(002)VC23222(b) marijuanna

M (003) VC12500 no license

I should have been eligible for PROP 36 but the stipulation was that the cop said at the time of arrest that my license was not valid THis made me ineligible for Prop 36 and revoked my license for 3 years

So now that I have done 4 mos county jail, and have tons of fines and drug classes to attend what should I do next. I Reported the lawyer to the State Bar on the grounds that he failed to represent me and for Never contacting me after my sentencing to discuss future plans . I have the paperwork from the DMV MY License was totally valid

I sent him an official termintation of services now what next.

Do I appeal to the DA? The Judge or both? Can I petion a writ of error coram nobis? can I do this without a lawyer?


Asked on 3/19/08, 10:37 pm

2 Answers from Attorneys
David Piper

Re: Petition for Rehearing or petition for Modification

What you are seeking to do is actually fairly complex. Once judgments are entered, they are not easily undone. Attempting to do it without a lawyer would be similar to performing surgery on yourself. You should consult an attorney.

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Answered on 3/20/08, 8:28 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Petition for Rehearing or petition for Modification

You must consult a lawyer to explore all options available to you. Perhaps you might be able to set aside your judgment and work out a new plea agreement. There is no substitute and I would not try to do it alone.

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Answered on 3/19/08, 11:51 pm


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