Legal Question in Criminal Law in California

Criminal charges, plea bargain, appeal

I was charged by a city DA for obstruction of a peace officer and accepted a plea bargain in desparation to end an ongoing case due to medical problems. My sentence is 40 days of community service/CALTRANS and immediately underwent surgery. Now in recovery I fear I cannot complete the 40 days of CS within the time frame, as I am a single mother, working full time and diagnosed with Crohn's Disease. I have undergone 4 major surgeries in the past year, all within the same time frame as this case. I settled with a plea bargain in a desparate attempt to end the court appearances and now regret not fighting for my innocence as my reputation, job and health are now jeapordized by this court decision. Do I have any recourse?


Asked on 1/28/09, 5:24 pm

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Criminal charges, plea bargain, appeal

One option is to appeal to the judge to change your sentence to something lighter, in light of your medical issues. Do not wait until your time to complete your CALTRANS has passed. Be proactive and put the matter on court's calendar as soon as possible. Your lawyer should handle this.

Second option would be to make a motion to set your conviction aside which would essentially re-open your case and you would need to defend yourself from the very beginning. Difficult to say how easy it would be to accomplish without knowing more about your case. However, if you were put on probation and your conviction was within the last 180 days, your chances might be pretty good.

You should start with consulting with the lawyer who represented you.

Feel free to contact me if you want additional information and you are considering hiring private counsel.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 1/28/09, 6:58 pm


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