Legal Question in Criminal Law in California

appealing a drug verdict

I was sited for being under the influence by the police because I was at another persons house when they got raided. I did not know I had the right to refuse a drug test I was not on probation at that time. As a result I am in the system again was sentenced to a prop 36, and now I am having difficulty with the court ordered program. How difficult is it to get an attorney to go back ing and retry my case and motion to suppress the evidence? The only reason I had to plead no contest is because the court system did not do anything but intimidate me and I had no money for a good lawyer. Now that I do have money for a l;awyer can I appeal?


Asked on 3/29/09, 3:25 pm

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

Re: appealing a drug verdict

There is a strict deadline for filing an appeal, and chances are that you have already missed it. Even if you still have time, the fact that you pled guilty means there are very few arguments you could make.

You may be able to withdraw your guilty plea, but that is also very hard to accomplish. Even if you succeed, nothing you have written suggests that you should win a motion to suppress any of the evidence. That you didn't know you had the right to refuse a drug test does not change the fact that you agreed to it (though the circumstances under which you did so might justify suppression). It is also possible that the prosecutor has enough evidence to convict you even without a blood test.

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Answered on 3/29/09, 5:59 pm


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