Legal Question in Criminal Law in California
Please help
I need your help. I was arrested last year for one vicodin, which I had a prescription for. I was living in Indio, but was arrested in Buena Park, CA. I have no transportation of my own and was late to my court date. When I showed up, the Judge was very mean to me. To make this short, he didn't even want to see my perscription. He said if I plead ''not guilty'', I go to jail and wait for my court date, in MAYBE 3 wks. If I plead ''guilty'', he would give me drug deversion. I have never been in trouble in my life.I took the Diversion, and was going until I had to move back here from Indio. I was living with my Dad, so I could go back to school, it didn't work out. My Father is an alcoholic. My problem is I was afraid to go back & see this Judge again because I was afraid he would put me in jail. I now have a warrant. I feel that none of this has been fair to me that I had to plead ''guilty'' to something I had a prescription for in the first place. I realize I was late, but I did show up on my own. With this Judge treating me the way he did, I am really scared. I am not a criminal. With an attorney, can I change Judges, and start all over since I am back in town and can get there on time. This has all been so unfair. Please help!
2 Answers from Attorneys
Re: Please help
you can win that case with an attorney. the pd will help you. don't plead guilty, it is an NO JAIL offense.
Re: Please help
You should retain an attorney to review your case. You have already plead guilty. Therefore you have two choices. First go to court and explain about your circumstances and request that the court reinstate the drug diversion program. The second choice is to go to court and request that your guilty plea be withdrawn. The conduct of the judge, if recorded by the court reporter as you stated, would be grounds for the court to withdraw your guilty plea. You need the advice of an attorney who has all of the facts of your case to make a decision regarding which course of action to take.
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