Legal Question in Criminal Law in California
Drug Paraphenalia
Was pulled over for not signaling when changing lanes. Police searched me, and was in possession of an empty speed pipe. Was arrested, car impounded, told I could take there drug test willing, or with the officers Knee in my back, but I would submit to it. Went to court on the matter, was told to plead guilty by public defender to a DUI charge, judge sentence was 6months weekend jail time, completion of county approved alcohol class $848.00, and a victims relief fine of $1,414.00. Drivers License Suspended. And I was not even drinking, or doing anything else for that matter. I work and support my wife and two small children. I cannot afford all of these things.
5 Answers from Attorneys
Re: Drug Paraphenalia
The time to look for legal guidance was before you entered the plea and not after. You also haven't provided some important details about your case -- like whether you actually did submit to the drug test and what the results were. Regardless, there is probably not much you can do now.
It is very difficult to do undo a guilty plea; unless the plea was entered after the court denied a motion to suppress evidence, you basically have to show that you were not adequately told what you were agreeing to or that you were improperly pressured into entering the plea. The only other alternative is to challenge the adequacy of the evidence to support the plea, but that one rarely works.
If you promptly seek a certificate of probable cause from the judge you may be able to bring an appeal, but nothing you have said suggests that such a request would be granted.
I regularly handle criminal appeals and you should feel free to contact me directlyif you want to discuss the specifics of your case.
Re: Drug Paraphenalia
Then you should not have pled guilty. There is nothing that can now be done.
Re: Drug Paraphenalia
I want to add something to my earlier response. If you were sentenced less than 60 days ago, you may still be able to bring an appeal which challenges the sentence even though you probably cannot challenge the conviction itself. Such an appeal will only succeed if you can show that the sentence was illegal or that the judge imposed it in an illegal manner. You cannot simply argue that a more lenient sentence would have been more appropriate given the facts of your case.
Re: Drug Paraphenalia
This question is in the category of Whining. You ask us for legal advice after you pled guilty and your case is over. Almost certainly your $2,262, or not much more, would have purchased the services of a competent attorney and almost certainly you would have gotten a far better deal. Now you have to do jail time and you have DUI on your record. Next time seek legal advice at the start of your case, not after it is over.
Re: Drug Paraphenalia
Hopefully you will cut meth and meth users out of your life now. That is a drug that the courts recogonize cannot be used on a casual basis. If you use it you are addicted until you stop completely. It ruins the user's life and those around them.
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