Legal Question in Criminal Law in California

Pub Def mislead me to plea no contest to 496....

Pub Def mislead me to plea no contest to 496 (receiving stolen property) charge. I did not knowingly buy stolen property but cops came to my house and arrested me. Unfortunately I am a felon because of a college prank over 20 years ago! but have nothing since then. I was assured by the public defender that I would only receive probation since i didnt know it was stolen and it was all returned to the rightful owner. He urged me to plead :''no contest'' . Now I have been sentenced to 2 years in prison! I have a good job with the County now and have be upstanding citizen for over 20 years! Can I appeal or change my plea??? due to misrepresentation by the Pub Def? They said I have to turn myself into prison in less than 30 days...I would lose my house.. my job w/retirement, etc.. what can I do today?


Asked on 12/06/06, 2:22 pm

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

Re: Pub Def mislead me to plea no contest to 496....

You need to retain an attorney to file a motion to withdraw your plea. These motions are not always easy to win. The information you did not provide was in regard to a plea bargain agreement. There should have been a plea bargain agreement that you would receive a county jail sentence and probation. The fact that the court gave you 30 days to turn yourself in indicates that the sentence is in county jail not prison. You should talk to the public defender or an attorney to determine whether work release, furolough etc it available. The county may also have a program for electronic monitoring. These programs would allow you to continue to work while serving the jail sentence.

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Answered on 12/20/06, 9:03 pm


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