Legal Question in Criminal Law in California

What can happen to a person that was Bullied by the public defender to take a DEJ program or be deported back to Holland. He wanted a jury trial the whole time.There was a motion hearing to suppress,it was supposed to be dismiss.The PD lost the motion. Since he lost he told the courts that they were changing his plea so he could participate in a program to have the case dismissed. He appealed his case because he wanted a trial. The PD's office helped us file the appeal The appeal was dismissed before the hearing. The case was 12/05/2008 case number 2008050803 Motion Hearing 06/01/2009 On July 16,2009 He was in front of The Honorable Judge Denoce again and was dismissed from all of the allegations but this was said at the bench of record. this transcript can be found in the court reporters transcripts sent to the appeals board. By the time the appeal was heard He had been hospitalized numerous times. The man has been hospitalized almost all of 2010 in and out a good part of 2009and2011. They picked him up out of his home for FTA on DEJ May/2011 They Reinstated DEJ but hes always in the hospital he did not plead guilty well he did not know he did. DEJ makes you plead guilty to the crime you were charged with then if the courts want to dismiss the case they can.He was never given any information about the program;and if he was he would not have taken a guilty plea on drugs when all the drugs that he has been on are IV/ hospital/doctor administered drugs.And do people do a DEJ program when they have been so sick,near death on hospital medication. Another public defender was helping on this case but after he put in for a change of plea for him another year passed and he turned the case over to a conflict defense attorney.The Superior Court of Ventura Co. California now has sent his case to probation and have him convicted of a felony when we never went to trial, and was signed up for program without any knowledge of it back in 2008 ,when the motion hearing was in 2009(stated in appeal transcript) Has time run out.


Asked on 2/10/12, 12:32 am

2 Answers from Attorneys
Glen Fleetwood Mister DUI-800-468-2-502

"was signed up for program without any knowledge of it back".

No one can sign you up for a program?

How can that happen?

BTW, No one is ever "bullied" (not capitalized) by a Public Defender; they are given choices. And they accept or do not.

You have here a person who has made a series of choices and then failed to keep the promises he made to obtain those choices.

I think you need to organize your thoughts and check your facts. There is so much information no one can be sure what you are asking.

"hes always in the hospital he did not plead guilty well he did not know he did"

=bs

Read more
Answered on 2/10/12, 10:30 am
Brian McGinity McGinity Law Office

I agree with Mr. Fleetwood. The information you have provided is abstract and doesn't make a lot of sense. However, from what little sense I could make from what you described, it sounds like the original PD - did a good job. They were able to get a DEJ after losing a preliminary hearing. A lot of DA's will take DEJ off the table if the defense goes to a prelim. The PD may have thought that losing the prelim was going to result in a situation that would lead to a conviction. The rest of the information you have provided is very difficult to understand. So collect your thoughts and write again.

Good luck

Read more
Answered on 2/10/12, 11:42 am


Related Questions & Answers

More Criminal Law questions and answers in California