Legal Question in Criminal Law in California

Am I allowed to ask the D.A. if charge against me can be dropped, especially in a situation where no evidence (drug-related) was found on my person. I was driving my bosses car and went to jail. I asked 3 times for a drug test, which was denied and go for my first court appearance tomorrow. I have never been in any kind of trouble EVER, and am very scared and worried! thanks


Asked on 10/07/09, 8:06 pm

2 Answers from Attorneys

Brian Dinday Law Offices of Brian R. Dinday

The problem with your plan is that some D.A.'s will use the opportunity of speaking with you to pump you for answers that hurt you, and then he or his assistant can be a witness against you. Best not to risk it. Ask for a Public Defender or hire your own lawyer. From what little you have said, it sounds like there is potential to beat this charge if you don't open your mouth and put your foot in.

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Answered on 10/07/09, 8:21 pm
Terry A. Nelson Nelson & Lawless

You "can" do anything, ask for anything, you like, if he will even talk to you. The DA has no incentive to give you any deal, as you probably don't pose any threat or risk to him of winning your case pro per. Most people who don't know how to effectively represent themselves against a DA trying to put them in jail usually hire an attorney that does, to do whatever motions and negotiations necessary. If you are serious about doing so, feel free to contact me.

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Answered on 10/07/09, 8:31 pm


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