Legal Question in Criminal Law in California

can i appeal

in 2004 i was terminated from prop 36 and formal probation what i did not know is that i was on informal probation in 2005 i was giving a friend a ride and got pulleled over by the police they pulled my friend out of the car at which point he informed them he was on parole after searching my car they found a minute quanity of crack that he had thrown on the floor i did not know he had drugs i was clean for over a year he told the police it was his and they testified to that fact at my prelim i was arrested because it was my car they let him go i bailed out went to court and was held to answer went to the other court to plead ng and that judge said she would dismiss the orig charge if i plead to a violation of summery probation if not i would be remanded then even though iwas on bail to answer tothe viol my public pretender did nothing at allin my defense except tellme toplead or goto jail that was the first time id heard anything about violationof probation because i was in the company of aknown drug addict i was sentanced to 2 months in the county jail and 4 months in a drug program which i dont need what recourse do i have on appeal


Asked on 11/06/05, 9:24 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: can i appeal

You didn't say whether you pled guilty or went to trial. You also didn't say how long ago your plea was entered or when your sentence was handed down. Another thing you didn't say is what crime you were convicted of or pled guilty to.

These are important matters, since there are only a few issues someone who pled guilty can raise on appeal and since there are strict time limits for filing. Additionally, some issues can only be argued if the trial judge grants the defendant a certificate of probable cause -- and this has to be done before the appeal is filed.

Feel free to contact me directly if you want to discuss your situation further.

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Answered on 11/06/05, 9:41 pm


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