Legal Question in Criminal Law in California

In 1996 I was arrested for h&s 11377 cited and released. I hired an attorney and paid him approx $1500. The day before my initial court appearance my attorney told me that I didnt have to personally appear in court and that he would handle it for me, he said he would plead not guilty on my behalf and promised to eventually get the charges dropped. I got a call from him on the day I was to be in court and he said that the case was closed, he plead guilty on my behalf and as a result I would have to turn myself in to the county jail and do thirty days. Also I would be on felony probation for three years with a three year joint suspended sentence. I recently checked the court records of this case and it turns out that my lawyer at the time was in middle of his own legal problems and he never actually appeared in court for me, instead he had a public defender friend of his who appeared on my behalf and plead guilty for me. Ive always felt that there was something wrong with how my case was handled. Is it legal and fair that I never had the chance to appear in court? Is it legal that I was convicted of a felony without ever personally appearing? Can I appeal this conviction even though its been 19 years since all this happened?


Asked on 5/10/15, 1:32 pm

1 Answer from Attorneys
David M. Wallin Law Offices OF David M. Wallin

There is much about your dissertation of the facts that are troubling and confusing. First, without your appearance, a Felony cannot be heard, in most courts. And, even on misdemeanors, you would need to sign Tahl Waivers, and without your signature and initials on the paperwork, a plea cannot take place. The only way a plea can be done without your appearance, would be an infraction. So your version of the facts does not make any sense, based on my 28 years of handling criminal cases. That being said, trying to undo a case of this age is almost impossible. I wish you well..... David Wallin

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Answered on 5/10/15, 2:05 pm


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