Legal Question in Criminal Law in California

range County, CA, I am being charged with petty theft with a prior (666(a)/484(a)/488 PC), + an old under the influence & a jaywalking ticket. My public defender doesn't seem to be willing to fight my case & keeps telling me to plea guilty and take the offer the DA is offering, which is about 248 days in jail with half. I really can't be away that long because I have a wife and child to support. I asked if it would be possible to do Communitty Work Program, but my PD said that its not an option for me. Should I try to get better council? Or does it sound like she is right & I really have that few options if I do plea guilty?

Asked on 11/01/13, 7:42 am

2 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

While no attorney can guarantee any result, I believe a qualified peivate attorney has a much better chance to obtain a better outcome than a PD, because they will spend a lot more time on your case than a PD normally does. As a Former Deputy District Attorney with over 25 years of experience, I am advising you to call a couple highly qualified attorneys and select one that you feel will fight for you. Most allow for free consultations, as does my firm, so you have nothing to lose by speaking with a lawyer. I wish you well.......David

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Answered on 11/01/13, 8:17 am

Joe Dane Law Office of Joe Dane

Without knowing all the facts (not just of your latest case but also your entire history), it's impossible to say what a "reasonable" disposition might be. I have no idea why they are precluding you from home confinement or other alternative sentencing in your non-violent offenses. If you're not satisfied with the representation you currently have, you're always free to seek new counsel. That applies to whether you have a public defender or a hired attorney you're not satisfied with.

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Answered on 11/01/13, 7:44 pm

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