Legal Question in Administrative Law in California
I was recently convicted of a second degree burglary felony. I have my court date set up in less than a week but I don't know if i should get an attorney. I don't want any felony charges on my record, this is the first (and last) time I have committed this or any crime. Please advice.
2 Answers from Attorneys
Your question is a little unclear about just where you stand, procedurally. Are you sure you mean convicted? Found guilty? Or maybe you have just been charged by indictment or information? Or ordered to stand trial after a probable cause (Penal Code section 995) hearing?
The reason for some confusion is that no one is tried for a felony without being given an opportunity for a lawyer. If you can't afford one, the court must provide you with the services of a public defender.
The only way not to have the felony conviction on your record is to not be convicted of the felony. Sure, there are a couple of different so-called "expungement" programs in the Penal Code, but you know what? All they do is ADD some words to you record, saying in effect, "The previous felony is hereby expunged" or "The court hereby reduces this guy's felony to a misdemeanor." Lotsa help, huh? I used to handle the expungement applications in a public defender's office. They aren't worthless, because in many cases you don't have to report an expunged felony on a job application, or you can go hunting with a rifle. But anyone who's curious enough can find the whole record.
My advice is (1) never miss a court date; (2) make sure your lawyer (retained or court appointed) is giving your case sufficient attention and that you have good communications and rapport; and (3) don't volunteer a confession (or anything else) without your attorney's advice after he or she has concluded there is sufficient non-suppressible evidence to convict you.
You mean you are 'charged' and about to go to court. If you were 'convicted', the case is already over and you are on your way to prison.
Call you local Lawyer Referral Service for attorney names if you can't find one by referral.
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