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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 06-07-2008, 10:49 PM
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furnishing alcohol minors


This is in California. I'm trying to get this down to an infraction, and was wondering on the probability of this happening. This is in Santa Barbara as well.

I'm thinking about going with a public defender to plead my case but I have heard that this is a low probability case so I need a few 2nd opinions..
  #2  
Old 06-07-2008, 10:50 PM
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This was part of a sting operation as well. A underaged decoy working with the police solicited my help and offered me $20 to purchase a 6 pack of beer costing much less
  #3  
Old 06-08-2008, 12:47 AM
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Speak to an attorney and see if he can plead it down. Usually, they will agree to no jail time and a fine only, but not an infraction. But, you never know.

If you can afford to go with a private attorney, you will not likely be allowed to go with a public defender.

- Carl
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And a croissant!"

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....author unknown
  #4  
Old 06-08-2008, 05:23 PM
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I talked to one and he said he is confident he can get it down to an infraction, but I've heard that it's about a 50-50 chance that he can do it, now my question is, should i shell out 1500 for this attorney, or go for free w/ public defender?
  #5  
Old 06-08-2008, 06:34 PM
cbg cbg is offline
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It's not a choice. You only get a public defender if you cannot afford an attorney. If you can afford to pay $1500 to an attorney, you don't have the option of a public defender.
  #6  
Old 06-08-2008, 06:53 PM
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how do you show that you can or cannot afford it? Anyone can apply for loans to afford one... I am in debt, as I am a student, so if I have 1500, but am in negative net balance, does this mean I can afford it? Also, i wasn't planning on paying for it, my dad might be able to help me out with the payments for a private attorney though...
  #7  
Old 06-08-2008, 11:54 PM
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Your local court will have some sort of formula based upon income, debt, and assets. If you meet the right qualifications, you will have the option for a P.D. Note that you will also be asked to pay part of that fee, but it shouldn't be near $1,500.

And, not too many banks are going to loan money for a criminal defense ... if you lose, they may not get their money back if you go to jail. But, they will likely loan money if you have the collateral (car, home, other tangible assets, etc.).

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #8  
Old 06-09-2008, 01:16 AM
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my friend advised me to go to court with an attitude like i had done something wrong, but willing to be penitent, pay a higher fine and some community sentence to get the judge to have mercy on me and not put this misdemeanor on my record. You guys think this will work...? it worked for his drunk in public, with a public defender
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