Legal Question in Criminal Law in California
my fiance just got a felony what should i do?
Hello, my fiance was arrested on friday morning on a posession of cocaine, but not an intent to sell. This is his first felony and run in with the law (excpet for a traffic ticket and a DUI that is off of his record). He goes to court on Friday 6/10/05, what kind of sentence should I/he expect. I am terrified and don't know what to do. I can't sleep, i can't work i just sit and wonder what i could do for him. Any information will be GREATLY appreciated.
thank you
Frightened and confused
5 Answers from Attorneys
Re: my fiance just got a felony what should i do?
Your fiancee needs a lawyer. If he can't afford one, the court will appoint a public defender for him.
He isn't going to be sentenced on June 10. He may be asked to enter a plea, but if he goes in without counsel the court shouldn't ask him to plead either way unless he is dumb enough to say he doesn't want a lawyer. In the very unlikely event the court does ask for a plea before he gets a lawyer, he should plead not guilty.
Re: my fiance just got a felony what should i do?
June 10 is probably the day of the arraignment where your fianc� will have the opportunity to plea, guilty or not guilty. In a situation like this, your fianc� should really hire an attorney to represent him since he would want the most minimal sentence. To try to tell you what that may be would be difficult because sometimes it varies from court to court.
Should you desire to hire a lawyer, I would be glad to assist you. Let me know.
David B. Lupoff, Esq.
Re: my fiance just got a felony what should i do?
The first hearing is the arraignment, at which time most people plead not guilty. Your fiance needs an attorney alongside him at this hearing, if only to kick him in the shins if he tries to say anything other than, "Not Guilty, Your Honor." The eventual disposition of the charge depends on whether he has any legal defenses to the charge, how much cocaine was involved, and other circumstances. The result will probably be worse if your fiance relies on a public defender than if he hires a private attorney.
In my experience anybody who has enough money to do cocaine has enough money, or can get enough money, to hire a lawyer. However, every prospective client who has ever consulted me on a cocaine charge has given me a story about how poor they are, and would I consider taking the case on a charity basis.
You need to step back and carefully consider whether you really want to marry this individual, because using cocaine makes you poor, and selfish, and induces other negative personality characteristics.
Re: my fiance just got a felony what should i do?
What should you do? Hire a competent attorney. Educating you about the consequences he faces [prison] doesn't help him in the least. Contact me if interested in doing this right.
Re: my fiance just got a felony what should i do?
Your B/F may be eligible for some type of diversion to keep this off his record and out of jail. Does he have a prior record? What Court will he be appearing in?
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