Legal Question in Criminal Law in California

Re: Felony Posession

Anyone that tells you what your chances are will be giving a sales pitch. Your chances depend on the facts and credibility of all the witnesses it would take at trial. Contact if seriously interested in discussing those facts, risks and costs of going to trial.

Re: Felony Posession

I've read the 3 attorney responses before mine. They're all good answers, but a little incomplete. I want to answer exactly the questions you'be asked. All the others gave you good advice: GET A LAWYER. Sorry for shouting, but that's simply the first thing you need to do. You need a lawyer regardless of the answers to the other questions, because only a lawyer can guide you through this situation you're in. You could go to jail here...

OK - "is it probable cause?" Maybe, maybe not, but we need to know what the police reports say first, because it may differ from your "version" of the events. So you simply can't answer that question yet. Your lawyer will be given the arrest reports at the arraignment, your first court date. That will tell you a lot of information. However, it looks promising from the outset. The cops may have needed a search warrant.

You ask: "I want to plead not guilty due to illeagal search, but I fear jail time if I'm found guilty." If you plead guilty, it's all over, you can't challenge the search and seizure, or do anything else, and all that's left is the sentencing. What you'll get is also impossible to predict without knowing a great deal more info than you've given us here, but one of the things that a lawyer will do is collect that information in order to do for you what is best (meaning, in YOUR interests, as opposed to the interests of the judge or the DA) for you. But that's a question for a later time. A lot of stuff is more urgent, and will happen first. Be patient. But get a good lawyer immediately.

You ask: "What are the chances that I will win if I plead not guilty?" Turn it around. What are the chances that you will win if you plead guilty at the first appearance? Uh, zero. The process starts with a not guilty plea, and once your lawyer knows all the facts from your perspective and from the cops' perspective, then strategic and tactical decisions can be made about how to defend this case.

A criminal case is an enormously complex proceeding, carrying with it great penalties and many traps for the unwary. You wouldn't do surgery on yourself or a loved one, would you? You'd hire a doctor. Same here. You can't do it yourself. Period. The only question is do you hire your own lawyer or do you request the services of the public defender. Most criminal lawyers give free consultations. Take two or three and compare the answers you get and the personalities of the lawyers you talk to. You don't say where you were busted or which court you're going to, but if your case is in Los Angeles, don't hesitate to call me for a free consultation. I've been doing it for 31 years. Steve Mandell 310 393 0639

Re: Felony Posession

First get an attorney to represent you. Do not plead guilty until you have been adviced to do so. Until you have reviewed the facts of you case with an attorney. Then decide what to do. You may qualify for the delayed entry of judgment.

Re: Felony Posession

Rule of thumb. Always plead not guilty at the arraignment, unless they offer you an excellent plea offer.

Pleading not guilty places pressure on a overwhelmed D.A. office. Moreover, this allows time for you to review the discovery, file motions, and attack the State's case. I feel the more work you lay on the D. A.�s office the better the disposition at time of plea.

As far as the attack on the search, more facts are needed, to determine its validity.

If you need additional assistance feel fee to contact our office.