Legal Question in Criminal Law in California

I am sorry my first question was so vague In December 2008 I was arrested for a felony.I never missed a court date nor did I have any felonies.I wanted a jury trial from the very beginning.On June1,2009 there was a motion hearing to suppress the evidence,we were under the impression that the motion hearing was to dismiss the case not suppress the evidence. All along we still thought there was going to be a jury trial.After the officers gave their testimony and the dispatcher gave her testimony,the Judge mentioned that the public defender might put in for a 995 motion, The Honorable Judge Kevin Denoce had reservations about this case but a new law passed and the judge granted the motion in favor of the student Prosecutor. We broke for lunch. We thought we were going to go home victorious until P.D. Randy Tucker told us that I would most likely be Deported,that my girlfriend was giving me bad advice about going to trial, and if I lost the trial they would give me prison time and still could deport me. He told me that all that could be avoided if I take a program and once completed everything would be dismissed.He never told me I would be pleading guilty to a crime I did not commit. That is why we went straight up to the P.D.'s office and asked what we could do about the terrible judgement that this defender has made in my behalf knowing I still wanted a Jury Trial. They immediately helped me with the appeals process. We did not appeal the case because of the motion hearing outcome, it was filed because I was not going to be bullied in to pleading Guilty when I deserve a fair Trial. On July 16,2009 in a conversation that was off the record and conducted at the bench we thought the matter 2008050803 was dismissed for the time being documented on Reporters Transcript pg 38 of the transcript sent to the Appeals Court and was just waiting to hear from the appeals court .At this time, I had been in and out of the Hospital. They had an old court date for proof of completion of Deferred Entry of Judgement. The Appeal was dismissed before the Hearing. January 2010, I had a court date my new public defender put in for a change of plea and somehow reinstated the program. I then was Hospitalized all of February and most of March2010. My girlfriend appeared in court on Feb 25,2010 to tell the courts that I had been Hospitalized. She was told that the matter was off calendar until I was felling better to clear up this matter. I was then Hospitalized with a total of five major surgeries and the whole year of 2010 was spent in Hospitals,and Rehabilitation.We gave the courts this information when in May of 2011 I was arrested from my home for failure to appear on the DEJ's old date. This is where the nightmare begins. What kind of program offers help from iv hospital administered medication recovery.


Asked on 2/13/12, 1:14 pm

1 Answer from Attorneys

Misty Wilks www.FinancialSolutionsLaw.com

This is still a bit hard to understand. Try to leave out some of the extra details.

What do you want? If you could have your way in this situation - what would happen?

Why should that happen?

What have you tried to do make that happen?

Why didn't that work?

Try to answer these questions. It might help to flush out the relevant facts and will help us see what you need help with and whether we can help.

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Answered on 2/13/12, 9:01 pm


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