Misdameanor Help?!

[Darky]

Los Angeles County California

Like so many others here. I too find myself in trouble with the law.
However I do wish to face my troubles and hope I can start a normal life.

Situation: I load a friend my video camcorder who then used it for immoral purposes. Used to secretly video tape his g/f who was under 18 at the time. Naturally she found out and was furious and called a lawyer. She filed for criminal charges against him and civil charges too. Naturally what are friends for he got me involved into his b.s.

Data: For possession of the camcorder which contained these images.
I am being charged with 4 counts 311.11a, 311.1a, 311.2a, 311.3a
I was arressted but released on my own reconessaince and given a ticket
which had a court date. In other words I did not have to make bail.
I consulted many lawyers and they all agree they are all misdameanors.
I guess this is a good thing (I hope). I showed up for my court date and
found out that nobody was there, no judge, no nothing that it was
re-scheduled for another date. Nice enough for them letting me know. No mail no phone call. My address been the same for 5 years. Anyhow I decided to hire a affordable lawyer to represent me at the next hearing. He went without me and contacted me. He told me the judge wanted me in prison and some reporter showed up and he demanded 70,000 dollars up front as retainer so he can help me. Of course double that if it went to trial. Needless to say I felt like this lawyer was one telling me the truth or lying to me to swindle me out of more money. I did what most would do and I ran. I did this because at the time my biological father was dying of liver cancer and my mother was diagnosed with terminal diabetes. He died a month later and she had all her toes amputated. I am their only son and I wanted to be around for them. FIVE years and 1 month later my mother has stabilized. I now want to want to confront this issue. I am sure a warrant was issued for me.

This is a first offense for me.
I have been completely clean for the last 5 years.
I do have proof of my parents death and illness.
I will be walking into my nearest police station to face the music in a week.
I decided to go with a public defender when I get arraigned.
I also decided to plea no contest.

My questions are the following:

since this is my first offense what kind of punishment am I looking at? (realistically)

a friend informed me that 3 misdemeanors can be turned into 1 felony! true or false?

is it unadvisable to go with a public defender?

any advise anyone can provide is helpful

[seniorjudge]

Originally Posted by Darky

Los Angeles County California

Like so many others here. I too find myself in trouble with the law.
However I do wish to face my troubles and hope I can start a normal life.

Situation: I load a friend my video camcorder who then used it for immoral purposes. Used to secretly video tape his g/f who was under 18 at the time. Naturally she found out and was furious and called a lawyer. She filed for criminal charges against him and civil charges too. Naturally what are friends for he got me involved into his b.s.

Data: For possession of the camcorder which contained these images.
I am being charged with 4 counts 311.11a, 311.1a, 311.2a, 311.3a
I was arressted but released on my own reconessaince and given a ticket
which had a court date. In other words I did not have to make bail.
I consulted many lawyers and they all agree they are all misdameanors.
I guess this is a good thing (I hope). I showed up for my court date and
found out that nobody was there, no judge, no nothing that it was
re-scheduled for another date. Nice enough for them letting me know. No mail no phone call. My address been the same for 5 years. Anyhow I decided to hire a affordable lawyer to represent me at the next hearing. He went without me and contacted me. He told me the judge wanted me in prison and some reporter showed up and he demanded 70,000 dollars up front as retainer so he can help me. Of course double that if it went to trial. Needless to say I felt like this lawyer was one telling me the truth or lying to me to swindle me out of more money. I did what most would do and I ran. I did this because at the time my biological father was dying of liver cancer and my mother was diagnosed with terminal diabetes. He died a month later and she had all her toes amputated. I am their only son and I wanted to be around for them. FIVE years and 1 month later my mother has stabilized. I now want to want to confront this issue. I am sure a warrant was issued for me.

This is a first offense for me.
I have been completely clean for the last 5 years.
I do have proof of my parents death and illness.
I will be walking into my nearest police station to face the music in a week.
I decided to go with a public defender when I get arraigned.
I also decided to plea no contest.

My questions are the following:

since this is my first offense what kind of punishment am I looking at? (realistically)

a friend informed me that 3 misdemeanors can be turned into 1 felony! true or false?

is it unadvisable to go with a public defender?

any advise anyone can provide is helpful

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.

[HomeGuru]

My advice to the writer is learn to spell better.

signed,

Mr. D. Meanor

[Darky]

how is my spellling not good enough? plus I didnt know this was English 101

Anyone know roughly what kind of punishment they will impose on me? like a guesstimation?

[CdwJava]

311.1(a) CAN be charged as a felony. The others are misdemeanors and you could spend up to a year in county jail as well as significant fines for each count.

When you turn yourself in, before any preliminary hearing an attorney will be appointed for you. You won't have to pay $70,000.

- Carl

[Darky]

thank you Carl for responding to my post.

I just want to be absolutely clear.

"311.1(a) CAN be charged as a felony."

I am guessing it can be charged as a misdemeanor or a felony according to you am I right?

And if I am right, would you say my chances of having it charged as a misdemeanor are good? since its my first offense.

Thank you
D

[CdwJava]

Originally Posted by Darky

thank you Carl for responding to my post.

I just want to be absolutely clear.

"311.1(a) CAN be charged as a felony."

I am guessing it can be charged as a misdemeanor or a felony according to you am I right?

And if I am right, would you say my chances of having it charged as a misdemeanor are good? since its my first offense.

It is what we call "a wobbler" - it can go either way.

If you were cited and released on the charge, the original filing would appear to have been a misdemeanor.

You really need to consult an attorney.

- Carl

[Darky]

I agree with you when I did consult an lawyer the vast many of them they all agreed they were misdemeanors. I am hoping when I do appear before the judge that it will go as a misdemeanor.

Now since I really do not have any understanding of criminal law if I am charged with 4 misdemeanors, does this mean I am sentence up to 1 year per each violation. Meaning might I be spending 4 years in county total since I am charged with 4 violations?

[seniorjudge]

Originally Posted by Darky

I agree with you when I did consult an lawyer the vast many of them they all agreed they were misdemeanors. I am hoping when I do appear before the judge that it will go as a misdemeanor.

Now since I really do not have any understanding of criminal law if I am charged with 4 misdemeanors, does this mean I am sentence up to 1 year per each violation. Meaning might I be spending 4 years in county total since I am charged with 4 violations?

You could receive a maximum of four years consecutive time OR something less than four years on concurrent time.

[Darky]

if you or anyone would like to guess.

What are my chances of getting a light sentence in light that I have a clear record up to now and this is my first offense?

My definition of light is like a few months, major fine, community service.

Thanks to all

[CdwJava]

What you fail to grasp is the nature of the crime for which you are charged ... it IS serious! It is NOT a traffic ticket! Conviction of these charges would also require you to register as a sex registrant for the remainder of your life!

You ask a good qustion about consecutive time. The answer, I do not know. If convicted as misdemeanors, I suspect you'd do a year county and 3 years probation since you cannot do more than a year of local time. You'd go to prison if sentenced for more than a year on a felony conviction. I do not think that they can be added up to send you to prison. But, there are a couple of CA attorneys on these boards that might be able to tell you how that works.

- Carl

[Darky]

Only thing I do not understand is the sex registrant part you mentioned!

Do you mean register as a Sex Offender? Which falls under megans law.

I thought that was for people that are get convicted for things like statutory rape which is to my understand a larger felony.

[CdwJava]

Originally Posted by Darky

Only thing I do not understand is the sex registrant part you mentioned!

Do you mean register as a Sex Offender? Which falls under megans law.

I thought that was for people that are get convicted for things like statutory rape which is to my understand a larger felony.

Yes - you would be required to register as a sex offender as part of megan's Law.

Pursuant to Penal Code section PC 290, the charges you listed will require registration.

And "stat rape" per PC 261.5 is often a misdemeanor and does not require registration.

- Carl

[Darky]

thank you all for answering my questions.

None of the lawyers I consulted informed me about I will have to register as a sex offender. I read the penal code for each violation and have a copy of it and I did not see anywhere where I must register. However since I am lacking in that dept and you all know better I guess this is very serious.

So if I plead no contest I will be required to register this is something the law requires or something the Judge could impose or both?

[CdwJava]

PC 290(a) (1) (A) Every person described in paragraph (2), for the
rest of his or her life while residing in California, or while
attending school or working in California, as described in
subparagraph (G), shall be required to register with the chief of
police of the city in which he or she is residing, or the sheriff of
the county if he or she is residing in an unincorporated area or city
that has no police department, and, additionally, with the chief of
police of a campus of the University of California, the California
State University, or community college if he or she is residing upon
the campus or in any of its facilities, within five working days of
coming into, or changing his or her residence within, any city,
county, or city and county, or campus in which he or she temporarily
resides.

(2) The following persons shall be required to register pursuant
to paragraph (1):

(A) Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section ... Section 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11 ... or any person who since that date has been or is hereafter convicted of the attempt to commit any of the above-mentioned offenses.

If convicted of the listed charges, you will have to register. As I understand it the only way to avoid registration might be to plead to a charge that does not have registration as a requirement. But, frankly, child porn is NOT a case that a DA is likely to give you any wiggle room on.

Unless your friend is willing to fall on his sword and say it is entirely HIS fault and you knew nothing about it, I doubt you stand much of a chance for a deal to avoid registration.

- Carl