San Fernando Valley Drug Crime Lawyer
If you get charged with a felony drug offense in the San Fernando Valley or in any of the surrounding counties, then you have a serious case on your hands. As a result of recent changes in California drug laws, most possession cases which were previously considered felonies are now misdemeanors.
This means that if you’ve received a felony drug charge, then you were probably selling, transporting, or possessing a drug for sale—all of which result in serious consequences. If you are convicted of a felony drug charge, you will lose your right to vote and use or possess firearms.
You should obtain a criminal defense lawyer who knows how to deal with felony drug offenses. I’ve been dealing with this for 25 years. If my client has been charged with a serious drug offense, I’m going to try to get the case dismissed; if that’s not possible, then I will try to get it reduced to a misdemeanor.
If you are facing a felony drug case in one of the San Fernando Valley courts, I’d suggest you pick up the phone and call me. We can sit down and figure out what happened, what ramifications you face, and how we can put you in the best possible position in moving forward with your criminal matter.
Can My Second Offense Assault Charge Ever be Reduced To A First-Time Charge?
Assault offenses are usually charged as misdemeanors, but there are usually more serious crimes related to these offenses. If you get convicted of assault with a deadly weapon, then that will be a strike on your record.
If you are convicted of a second offense, then that would be a second strike on your record, and the punishment would be doubled. You don’t want to plead to a second assault with a deadly weapon because you would have a second strike on your record and any consequent convictions could result in a sentence of 25 years to life pursuant to the California Three Strikes law, which went into effect in the early 1990s.
This law has been challenged all the way up to the Supreme Court and has really held its mud as far as putting people in prison. A lot of things have changed over the years—some for the benefit of the defendant, and some for purposes of making punishments much harsher.
If the prosecutors discover new information about your charge or criminal history, they could take away the plea deal. However, if the prosecutors were to try to pull out of a plea deal, the defense would be able to argue that they are not justified in doing so.
Pulling a plea deal puts the prosecutors at risk of engaging in misconduct. A judge has the authority to reject a plea offer, even after you’ve accepted it. For instance, a judge may review the case and decide that you should go to prison rather than get probation. If this happens, then you would have the option of taking the deal the judge is offering or fight the case and try to get back the offer you originally received.
Can My San Fernando Valley Defense Attorney Go To The Court Dates For Me?
Code Section 977A allows criminal defense attorneys to appear for their clients in misdemeanor cases. However, I usually want my clients there. This is because when a client is not there, I end up having to send the paperwork through the mail and explaining to them the terms and conditions of the plea, which can lead to problems.
There are even times when other attorneys will mess something up and a warrant will be put out for my client’s arrest. Under such circumstances, the client could be facing a potential jail sentence. I will appear for the client at the first appearance, but once I have the case dialed in, I will want them there so that we can ensure that everyone is on the same page.
For felony cases, the client has to show up to court; if they don’t, a warrant for their arrest will be issued and any bail that was posted will be forfeited, which will create a huge problem.
There are exceptions to that rule, however. For example, if someone lives out of state, the judge might work things out where they can be released on their own recognizance, or might do an issuing and holding a bench warrant so that the bail is not forfeited. As long as the defendant shows up to the next court date and does what they are supposed to do, they won’t release the bench warrant and the bail situation won’t get messed up.
Can I Ever Change My Mind After Accepting A Plea Deal And Opt For Jail Time Instead?
It would be very difficult for you to change your mind and opt for jail time after accepting a plea deal. In order to do this, you would have to file a motion to withdraw your plea or modify your sentence within 120 days.
If you missed this window, then you would be forever barred from filing a motion to withdraw or modify your plea. If you change your mind about your ability to complete community service in lieu of jail time and you want to opt for jail time instead, you will need to have your attorney talk to the prosecutor. A prosecutor may realize that you wouldn’t even need to serve much jail time, and may deny your request to opt for that sentence.
For more information on Felony Drug Offenses In Los Angeles County, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0940 today.