Legal Question in Criminal Law in California

Is ''No Contest'' my best option?

Greetings. In April of this year I was detained, and later received word from my local District Attorney that I had been charged with Misdemeanor pocession of a controlled substance. I will be honest, they have me dead to rights, my question is, should I plea ''NO CONTEST'', and, would it be in my best interest to find an adequate attorney? This is my FIRST offense, and I want to do the right thing, at the same time NOT make this turn out to be a big deal. Finally, should/ can I request a copy of the police report? Thank you for your time.


Asked on 6/27/07, 4:33 am

3 Answers from Attorneys

Daniel J. Mangan III JuryTrialJustice

Re: Is ''No Contest'' my best option?

It is always best to consult with sophisticated counsel regarding any criminal charge. Make no mistake, any criminal conviction can, and will have negative future consequences.

DJM

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Answered on 6/27/07, 9:43 am
David Kaloyanides David J.P. Kaloyanides, A Professional Law Corporation

Re: Is ''No Contest'' my best option?

Understand that a "no contest" plea is no different in legal effect than a "guilty" plea. You will be convicted and receive the same sentence/judgment as if you pled "guilty." While you might believe there is no defense for you, there are many issues you probably have not considered--things that only a qualified criminal defense lawyer will be able to explain to you . . . because we do this every day and know what the law allows and how to attack the government's proof. Remember, the government has to prove your guilt with legitimate, constitutionally acquired evidence. You need to consult with a qualified criminal defense lawyer (not a lawyer who is a friend of the family who has no criminal defense experience). Only then will you receive the appropriate advice on how to approach your case. As the other response stated, any criminal conviction will have future consequences beyond simply the sentence received.

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Answered on 6/27/07, 3:22 pm
Terry A. Nelson Nelson & Lawless

Re: Is ''No Contest'' my best option?

No contest means guilty, and offers you nothing. You need knowledgeable counsel to keep you from making such mistakes from lack of understanding the system. Counsel may be able to get you a diversion program that will keep your record clean, or keep you out of jail.

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Answered on 6/27/07, 4:05 pm


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