Legal Question in Criminal Law in California

I met a female on craigslist.org who wanted to party with me, she told me that she was home alone in Anaheim hills, she wanted me to bring party favors. She said that she lived in a gated community and that when i got there to call her so she could go through the security gate. When i approached the security gate, i noticed two police cars with all the lights off parked off to a side, As soon as i passed them they got behind me. I told the security guard who i was there to see, i noticed the police officers got out of the car and walked towards the security asked them to open the other gate do that they can go through, then he looked at me and said "whats up with this guy, is he los?t, i said " No my friends coming down" the officer told to the security to open the gate and let me through, the security guard looked at him and said "are u sure" the officer said yes. When the gate was opened and i went through the officer turned on his lights to pull me over

I was arrested in South Corona for possession of Meth , I was charged with possession, destroying evidence, and possession of a Dirk Dagger. When i went to court i was told by my public defender i could plead not guilty and we would to trial and i would sit in jail, or i could take the offer if the D.A which was 180 days in jail and if i took the deal i would get work release instead of jail and i would be released that night. I asked her how come i was being offered prop 36, it was my first drug charge. She said because of the Dirt Dagger, i wasn't eligible for prop 36. Because i wanted to be released i took the deal. it was only after the judge sentenced me i was told about how work release works and that i would have to report to Riverside every weekend for 180 weekends. I want to know is it possible to overturn my conviction for a lesser charge or to reopen the case.


Asked on 1/01/10, 10:12 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Why would you plead gulty, and then think you can renege on it and ask for a 'do over'? That's not the way life works. You had the opportunity to raise all your defenses and arguments during the pre-trial proceedings, and to go to trial if necessary if you didn't like the deal offered. Instead, you took the deal and pled guilty, on the record. Yes, you could try filing motions and/or appeals, if you have valid legal and factual grounds to base them on. Doing so would cost you substantial attorney fees, and would be done without any assurance of success. If you're serious about doing so, and willing to pay the price, then feel free to contact me to discuss your grounds for such action.

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Answered on 1/07/10, 9:50 am


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