Legal Question in Criminal Law in California

is it to late!

My husband been going to court. The last time was the pre-trail he's public defender,( made it seem like she was going to the da with deal).Da's offer was accepted.My husband want to change his mind. She hasn't returned phone calls. She was surpose to give him all the papers for the case and hasn't.By law we should be able to see the papers concerning the case pending.Is it to late to change the pled.heasked he before he said yes if ''this was it''(she told him no.)But next time he gos it will be to get sentence.


Asked on 9/07/03, 7:17 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: is it to late!

It appears from the information that he has already changed his plea from not guilty to guilty. It is very difficult to have a uilty plea withdrawn, especially when the individual is represented by an attorney.

If you are not being provided with the information about the case, that is the police report, minus the names and addresses of all witnesses and alleged victims, he should tell the judge that he has not received all of the information about his case and request a Marsden hearing. There he will have an opportunity to explain fully why he feels that he is not being propertly represented.

He can also request that another attorney be appointed to represent him in a motion to withdraw his guilty plea. Going to trial usually increases the rick of a longer jail or prison sentence. He should seek a second opinion regarding his case and the options available to him.

Read more
Answered on 9/09/03, 2:24 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: is it to late!

if you would like to email me directly with your contact information, my law firm would be more than happy to give you a free evaluation/consultation regarding your husband's case and rights.

Read more
Answered on 9/07/03, 9:11 pm


Related Questions & Answers

More Criminal Law questions and answers in California