Legal Question in Criminal Law in California

I plead no contest to misdemeanor ADW...

On Januray 12,2006 I was assrested for assault with a deadly weapon. I was held in jail until jan.17 but on jan. 14 I was informed that the had D.A. contacted my family & informed that my charge was dropped to misdemeanor. Why was i not released until after court on the 17th if it was no longer a felony charge? And I plead no contest at court even though I was not guilty because I was informed by my public defender that I could be held in county jail for the duration of the trial is that true? And if it is not what can I do about it now?


Asked on 12/08/06, 6:02 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: I plead no contest to misdemeanor ADW...

There was apparently a complete lack of communication between you and your attorney. Pleading to lesser crime is often done in criminal cases. In your case the choice was go to trial and risk a state prison sentence on the one hand and a misdemeanor conviction with county jail and probation on the other hand. Going to trial is always risky. As to the reason that you were not released, it may well have been that additional jail time was a condition of the probation or you just served a sentence and there was no probation. Before taking the drastic step of attempting to withdraw you guilty plea you need to understand the risks involved, that is what is the worst case downside. Also it has been nearly a year since the plea was entered. This will make it nearly impossible to get the judgment set aside and the guilty plea withdrawn. If you entered a no contest, nolo contendre plea, substitute that for guilty in the above discussion.

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Answered on 12/23/06, 1:16 pm


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