Legal Question in Criminal Law in California

Hello Im im a situation that I domt wish amyone to be im. My situatiom is Im beimg accused of fraud embezzlement and many other charges which I didmt do I have proof of all this but due to my situation im with a public deffender so my question is i have been fighting this for over a 1 year so now the DA wants to kmow if i will go to trial or take a plea bargaim im lookimg at a lomg time if i go to trial and lose. iI really want to go to trial beccause i have evidence that i didnt commit the crime but everyone around me suggested that I take the plea but i cant I want to fight this Pleae help me im desperate for advice i have never been in any type of crime and know im looking at 25years i I was to loose my case.


Asked on 1/05/12, 2:16 am

4 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

If youu do have real, solid evidence of your innocence , you should show it to your public defender, and see what he/she says about the strength or weakness of your evidence. Other than that, do you have some evidence that others had access to the funds and there is no money trail to you ? You have to have a real conversation with your PD about the pluses and minus of your evidence and the evidence of the prosecutor. Only after that long conversation, can you make an intelligent decision. I wish you well........david wallin

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Answered on 1/05/12, 2:59 am
Joe Dane Law Office of Joe Dane

I'm sorry, but there is no way I (or any other attorney here) should advise you of what to do. Yes, you're looking at a big exposure if convicted, but you say you're innocent.

The ONLY person you should be listening to is the attorney that actually has all the information necessary to advise you - your public defender. Of you're not convinced they're hearing you when you discuss the case and your defense, make an appointment and sit down with them to disuss it calmly. If you're still insatisfied, you can get your own attorney. Yes, private attorneys cost money, but you can choose your own attorney and you will probably get more time with them.

Best of luck.

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Answered on 1/05/12, 8:48 am
Terry A. Nelson Nelson & Lawless

Of course you can fight the charges by going to trial. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If course if you lose at trial you face full term sentencing. That is the risk for you to decide. If you can't afford to hire counsel, then work with your public defender. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.

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Answered on 1/05/12, 11:06 am


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