Legal Question in Criminal Law in California
I took my sisters dog to the pound because she hadn't been home in weeks to take care of it and it was not in good health. I moved out of our residence together and took her dog to my stepdad's and we took the dog to the pound. She came home the next day and filed a police report on me and the DA picked up the case and filed grand theft charges on me. I have already been to court, I was planning on pleaing not guilty, but the public defender who was sitting next to me (NOT representing me) told me to plead no contest, so I did. Now I have a grand theft on my record and I would like to know how I go about getting it removed.
2 Answers from Attorneys
You probably can't. There may still be time to ask the court to let you withdraw the plea, but such requests are only granted under very unusual circumstances. Your question does not suggest that such circumstances are present in your case. Unless the court failed to properly ensure that you understood the rights you are giving up by pleading no contest, there is probably nothing you can do.
What is truly sad about your story is that there is little question in my mind that you were innocent of any crime at all, and would have been found not guilty or had the charge eventually dismissed. Why you went to a felony court charge hearing without having seen a lawyer BEFORE hand is beyond me. The only crime committed here was animal neglect by your sister, whom I suspect might have some "friends" in the District Attorney's Office.
You can call me so I can explore whether there might be some basis for withdrawing your plea, but do it FAST before any more time passes. I hate seeing innocent people get criminal records. You could have sealed and destroyed the arrest record after the case was dismissed, had you not pleaded to the charge. The Public Defender should NOT have advised you at all, since he knew nothing about your case. Perhaps that mis-step could form the basis for good cause to withdraw your plea and defend yourself.
You can find my contact data here:
http://dinday.com/contact.htm
and
http://dinday.com/results.htm
Good Luck.
Related Questions & Answers
-
Can police charge someone with gang enhancment for being in pictures with gang... Asked 10/21/09, 9:58 pm in United States California Criminal Law
-
Can you get a criminal case moved from one county to another in california? If so... Asked 10/21/09, 9:19 pm in United States California Criminal Law
-
I live in california and recently i was arrested for felony embezzlement. I was... Asked 10/21/09, 7:08 pm in United States California Criminal Law
-
I am about to complete 3 years formal probation for felony white collar. My... Asked 10/21/09, 5:59 pm in United States California Criminal Law