Legal Question in Criminal Law in California

Defense is often what you pay for unfortunately. Remember private attorneys should not have to work for free, as we work very hard to help you out of situations we did not create.

OK. I can't address your issues individually because there are 2 sides to every story and I don't know all the facts, but I can TELL YOU WITHOUT HESITATION that your Public Defender HAS YOUR INTEREST AT HEART, and in her mind, even though she's so busy she can't call you back. She's making a motion to suppress the evidence in your case which, if successful, could lead to a dismissal of the charges. Would you like your charges to be dismissed? Of course you would. The fact that she's doing that speaks volumes about her dedication to criminal defense work AND YOUR CASE SPECIFICALLY and you should be THRILLED to have her as your lawyer. There is a California case called People v. Spriggs which says that not all cellphone use is a violation of law (talking on the phone with the phone to your ear or manually texting - those are illegal). But you can use Maps, you can make and receive telephone calls HANDSFREE, you can hear email read to you and you can send email if it's dictated to Siri HANDSFREE, and you can use many apps without breaking the law. So she's challenging the cop's determination that you were using your phone in one of the illegal ways as opposed to one one of the legal ways. IT DOESN'T MATTER WHAT YOU WERE ACTUALLY DOING (if it seems like I'm yelling, it's because I am. These are critical points and I can't take the time to explain why they're important, but they are.) IT'S ABOUT WHAT THE PROSECUTOR CAN PROVE. It's counter-intuitive, but it's the way the system works. Print this answer out and show it to your PD next time you're in court with her. Ask her if I'm right. That'll be a substitute for talking to you all those times she couldn't take your call. I have made many motions to suppress evidence in my cases in situations just like this, and I've won some and lost some. Every case is fact-driven. But ask the people whose cases were dismissed if they're happy that I made the motion. Duh... You may not win, but she will also be creating leverage for your case that she can bring to the negotiating table to get you a better deal than if she didn't make that motion. Your are one luck SOB to have this lawyer! Good luck. Attorney Steve Mandell, Santa Monica (42 years in practice)