Legal Question in Criminal Law in California

I am facing charges of pc 3030.5 felon in possession of ammunition, It was not my vehichle nor were they my bullets, my codefendant alreadyadmitted they were his and took a plea of 1 yr.4 months with agreement to dismiss me of all charges well the d.a. doesn't care for me as i have a pc 273 a child abuse i understand how i must look in her eyes even though i didnt do anything to be willfully cruel i accepted the deal rather then fight as i had 6 months to get my children back i am not law literate and realize what a huge mistake that was but unfortunateley I am stuck with thosr charges i went to court ?8 Times in 8 months they keep passing the buck different p.d. every time. Cant afford attorney but have a conflict with that D.A. representative need to know if i can request a state attorney to represent me and if i can declare conflict with D.A. and they will reappoint a different one ?


Asked on 1/21/13, 5:28 pm

3 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

They are not going to change the DA because she does not like you. If there was a solid agreement that your case would be dismissed your PD should talk to the DA's supervisor. If that doesn't help keep going to court and eventually they will either get tired or you will go to trial. While I do not know the details, you appear to have a reasonable case at trial if your co-defendant testifies

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Answered on 1/21/13, 5:47 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Shapiro that you are not going to get a new D.A. Conflicts of interest are only relevant when they involve lawyers and parties on the same side of a case, not on opposite sides.

But I'm not sure I agree that you have a reasonable case if the co-defendant testifies. Possession is not the same thing as ownership. If you borrow my car then you possess it even though I still own it. You also possess the contents, and are legally responsible for possessing them if you know they are present and know what they are. So if you knew the ammo was in the car while you were borrowing the car then you did possess it, regardless of what the owner has admitted.

You might get somewhere arguing about the deal your friend made with the D.A. But I'm not sure how far it will get you. If you weren't a party to the deal then you may not be able to complain about the D.A. violating it. But the court might agree that you were a third-party beneficiary of the deal and let you try to enforce it on that basis.

You should get competent counsel ASAP. If you can't afford to hire a lawyer, the court will appoint a public defender for you.

Good luck.

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Answered on 1/21/13, 7:05 pm
Terry A. Nelson Nelson & Lawless

You have no 'say' in the DA selection, and there is no such thing as 'conflict' with the DA. She is paid to convict you, of course she doesn't "like" you. You get a 'say' in and through your attorney if you hire one. If you can't afford to, then you get whoever the PD office appoints for you. No 'say' there either. Your attorney will have to try to enforce the deal you refer to. If not, then he gets to plead or try your case.

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Answered on 1/22/13, 11:38 am


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