Legal Question in Criminal Law in California

i was fired by my employer a month ago, embezzlement case, im not a criminal, just caught in a desperate situation, i have a court date next month, im looking for a job, i have 2-3 good prospects, i consulted with a local lawyer (indio, california), he wanted the whole fee at front, i dont have it, and i dont want to ended up with a public defender, i went to talk to them and they told me to wait until the date of my court date, im very scared of what would happen, i just want to settle with my former employer, maybe a civil settlement, so my record wont be bad, i am a law and abiding citizen, dont have a record and it was just a stupid mistake. i will pay fees, but i need help now, i need to hear if there someone local that can help me out, please.


Asked on 8/31/09, 5:32 pm

2 Answers from Attorneys

The court date is for the embezzlement? Is it a criminal proceeding? Is it the arraignment?

Typically criminal defense attorneys will ask for payment up front. Some may consider a payment plan. Public Defenders are typically only appointed after you disclose your assets and income. The judge then determines if your financial means are such that warrant the appointment of a Public Defender.

If your hearing is an arraignment your best bet is to see if the judge will appoint a Public Defender. If not, the judge will typically continue the arraignment to allow you time to hire an attorney. If he does not continue the arraignment he will probably suggest you plead not guilty and will likely set the next pre-trial hearing and suggest you hire an attorney.

Please let me know if I can be of any more help.

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Answered on 8/31/09, 5:52 pm
Terry A. Nelson Nelson & Lawless

Court date means criminal charges are filed against you. Yes, your attorney might be able to negotiate a 'civil compromise' with them in return for full payment of all losses, etc. That compromise then must be the basis of negotiation with the DA to try for dismissal of the case. No guarantee of that happening. If serious about doing this, and you can't find a local attorney in Palm Springs area as indicated, then feel free to contact me. You need legal representation in the criminal case to accomplish this.

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Answered on 8/31/09, 7:50 pm


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