Legal Question in Criminal Law in California

Ill try to keep my personal opinion out and the details of the situation. I was found guilty on 2 of the 9 charges. Found guilty of Misdemeanor Charges 25400(a)1 and 25850 (a). i filed an appeal, it was granted. Im just waiting for what fallows. Im 46yr old female and this is no exaggeration, I have never been in trouble in my life. The judge sentenced me to informal probation 540 hrs of community service on 6/24/2016 to be completed by 8/26/2016. Im disabled and i communicated my limitations and was told to do it, see what i can do, if i cant, come back and they will find me something. I know my limitations if i can do landscaping then i wouldnt be disabled. Its Not possible to do or complete the hours in the time fram. I have my opinion on whats going on. Im one person and ignorant to being a criminal and ignorant about the system. Is there anything i can do to put my community service on hold until i can straighten it out and or win my appeal. another question if or when i win my appeal and im being forced to pay restitution who's going to pay me back? Just a note here don't know if anybody will have anything to say to this or not but the judge's sentencing is identical to the plea bargain that I was offered by the district attorney.

I went to the law library and its written that if found guilty the sentencing will be less then what the DA offered you? I need help


Asked on 7/21/16, 10:52 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

I don't know where you got the idea that you would get a lighter sentence if you went to trial and lost. Hat is almost never the case. While you beat some of the charges, after trial the court will impose whatever sentence they feel appropriate. You cannot be punished for going to trial, but you can be rewarded for an early plea. It sounds as though the sentence didn't go up, even though you took it to trial and lost. That's good.

To answer your other question, you absolutely need a lawyer. Did you not have one for the trial? Where are they now? They should have filed notice of appeal and requested appointed counsel for you. They could have also asked for a stay on the sentence pending appeal. Given that this is a probation case with no jail time, that request seems reasonable. Did they ask and it was denied? Or did they not ask?

If they request was denied, a writ could be taken on that issue - the stay of sentence pending appeal.

You need a lawyer with you in court - this goes way beyond an internet Q&A.

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Answered on 7/21/16, 11:39 pm


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