Legal Question in Criminal Law in California
i was arrested, booked and released on bail for possesion of controlled substance(my first time being charged for possesion ). At court the DA is trying to add a DUI charge wich will be my 4th, at the time of the arrest i was the only one in the car. i never refused any kind of BAC test, i also admitted to the police officer i was drunk, i did not think anything of it because it was not my car and i was not driving. when the sargent showed up to the scene, i over heard the sargent talking to the police officer, the sargent said to the police officer, if you are not sure she was driving you can not charge her with DUI (my 4th) the police officer informed me that i was being arrested for possesion of a controlled substance, once we got to the station and i was being booked in i never once was informend to take a BAC test. i took my case to preliminary hearing, my PD read me the police report and some of it was false, when the police officer was called to testify he lied about everything that happend that night.when the person who was driving is a witness and when she was called to testify she spoke the truth, the DA told me that if i take this case to trial i am going to do the max time for a felony DUI charge (my 4th) the deal that i have on the table is 6 years in prison, i have a mental disability (borderline skitzophrenic and bi-polar desease ) i collect SSI disability, i am curently helping my grandmother as she just got out the hospital for surgery in her neck due to her spinal cord and can not move on her own she still continues to go to surgery, and needs my help, i have two little girls (9 yrs and 11 yrs) i have nobody to help me raise my little girls if taken in to jail, there father does not come around and i dont know where he could be (missing for more than 5 yrs now) i dont know if i should take this to trial because the cop lied on the stand and the police report is wrong, my word against the cop whos going to believe me, all the evidence i have is my witness(the driver) and my word, i have no problem with taking the add charge even though i was not drinking and driving, but i can not do 6 yrs in prison or the max time is there anyway i can go about this insted of getting max sentence or jail time?? what should i do?? do i have a winning argument in this case?? i can not lose my kids, and who is going to take care of my grandmother, can somebody please help!! i need some advice please!!!! i was arrested in Los Angeles County
2 Answers from Attorneys
There is always a possibility of doing less time. Until an attorney were to actually review your police report, no one can actually answer your question honestly. There might be many attorney's that will say they "will take care of you." In this situation, you need an attorney that says, "I don't honestly know, but I will fight for you."
You need an attorney immediately. Spend the money, do not use a Public Defender, they are just too busy.
No amount of free 'tips and hints' from here or elsewhere are going to effectively help you in your legal defense, only well informed legal advice will do you any good. II appears you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, and that you already got a Public Defender. You need to talk to your attorney. He is the only one that knows anything about the case.
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