Legal Question in Criminal Law in Colorado

sorry, i have until tues, the 20 th of July. i already have a PD helping me, i would just like to get a second opinion from some other lawyers who might have enough brass or Tacks to give a 2nd opinion.. i am charged with a class 5 for sched narc fraud and deceit.(RX's) only "one" count. but the DA will not slide on just dropping this to a class 6 and have prob. for 3 yrs, as long as i stay away from trouble it would drop out of the felony stage to a lower charge. of course restitution and comm service.. but no, plead quilty to a class 6 and prob/fines/community corrections for some time, lose my housing, my daughter, my teaching job, or take it to court and plead not quilty, fight for my life, and my daughters, my job, what is left of my friends that know addiction is a bad thing, too have not only your Dr. who was also one of the multiple owners of a huge practice in the town where i live, so in fact my employer also, fire my family from his practice after 15 yrs. delivered our youngest daughter, now 13 yrs. old. the local addiction clinic here in town refused to see me, because i had an opiate addiction and not a "METH" addiction..i also lost my job of 10 yrs. as a nurse on the floor for them in an Acute Care Clinic, my wife left for another man after 24 yrs, 3 children. lost our house, cars, and split the children up, and lost some people who i thought were friends...last time i was arrested was 23 yrs ago in Nev. for possession of marijauna..was a felony, was dropped to a mis. poss. of paraphenalia, fined $250, 40 hrs comm. service..so i fixed and detoxed myself, after a few agonizing weeks of opiate and Soma withdrawl.it took 4-6 months to find work.4/08-8/08--found work and then i had an appartment for the first time in my life, and i was able to at least see my daughter 2-3 days a week..now i have a good job teaching classes at tech school..the evidence is average at best from what i understand, no video, Rx's were called in, never hand delivered. witnesses are maybe some pharmacists that might still be in the valley and that can say "yeah" that was the guy who p/u the Rx's, but can they say that the same person that called them in to the pharmacy for a person and that that person is the same one that p/u's the Rx's...yeah, im betting they can't..what do i have too lose, everything again and have a felony, plead quilty to a felony, and still lose everything, or take it to trial and play it out for the peers of mine in this community..so, is there someone out there that will take this small minute criminal offense type question, or cower under the rug because i already have a PD????? thank you

Scott


Asked on 7/16/10, 4:46 pm

1 Answer from Attorneys

V. Iyer Iyer Law Office, L.L.C.

Accepting a plea is entirely your choice. No judge or attorney, private or PD, can force you to accept a plea. It is exclusively your right to control taking or rejecting a plea

Again, taking the case to trial is again your call. If you are innocent or have nothing to lose then taking to trial may be wise; provided the sentence in the plea will also be the same if you are found guilty at trial. Check to see that if you are found guilty at trial you will not go to prison.

Ofcourse, if you are found not guilty of all charges you can seal your record.

Best of luck

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Answered on 7/17/10, 6:29 pm


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