Legal Question in Criminal Law in California

I had been arrested for a felony possession, transportation and under the infuence (11550).

No prior convictions, but 7 years ago had 2 arrests, 1 month apart, same officers, the courts decided to combine cases. I took it to the box and won on both counts.

This recent arrest (1 years ago Feb) was made by then, rookie on the force, with the previous officers (who were also charged with harassment due to my case, and sent to some other podunk town).

The whole think is tied in some strange way.

My possession, .02 gram of methamphetamine. Once arrested, after they had thoroughly gone through my car, my handbag, etc., finding nothing else, I was taken to the police station and questioned for 5 hours (the same procedure that happened years ago) I wouldn't talk, had nothing to say with regards to looking for whoever I got it from, No rights were read and after all this questioning, they reproduced my handbag, (which last I saw was searched through and thrown in truck of my car), and pulled out another baggie, a bit larger yet under a gram, according to the report. I said I want a lawyer and I want that bag fingerprinted immediately. It was not mine.

They laughed at me, took me to jail with a $50,000 bail, later had me indicted and I am at the point where I have to give in or go to trial. I live in a county where cases are in favor of the courts at 96%.

Possession and Transportation of .02 is rediculous (I had taken it off my then boyfriend's dresser. He promissed he would quit. It had sat in my wallet for 2 weeks. I even forgot it was in there) Anyway, it was. The other pkg was not!

I was not under the influence, but it states in the report, that I was. What is my recourse, if any. My bond is up and I have to make a decision...or do I. If convicted, I may face prison. They offered me some 18 month program, after 3 years and upon completion, it will be removed from the records, which, I found, is not the case.

Those 2 days in jail were an experience I will never forget. I am a 50 year old woman who has worked in escrow, home loans and mortgages for 30 years. I'll never be able to work again in my field if convicted. Not to mention, Prison?? Me?? Please Help!! Court is first week of April. I have a public defender, no Atty.


Asked on 3/23/11, 6:07 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

A public defender IS an attorney, highly experienced, appointed by the court when you can't afford a private attorney.

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Answered on 3/23/11, 6:29 pm
Anthony Roach Law Office of Anthony A. Roach

Your public defender is your attorney. You need to present your issues and questions to your public defender.

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Answered on 3/24/11, 9:01 am


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