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23222(b) Please Help

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zodg1lla

Junior Member
What is the name of your state (only U.S. law)? California

My girlfriend was cited for Possession of Marijuana while driving, she understands what she was charged with and would like to request the Diversion program and/or speak to the Judge about what can be done to keep this off of her record.

The real question is will she be able to ask for these without having to enter a plea? Or will she have to plea not guilty or no contest to ask these questions at a later hearing?
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? California

My girlfriend was cited for Possession of Marijuana while driving, she understands what she was charged with and would like to request the Diversion program and/or speak to the Judge about what can be done to keep this off of her record.

The real question is will she be able to ask for these without having to enter a plea? Or will she have to plea not guilty or no contest to ask these questions at a later hearing?
Lawyer. Judges do not "speak to the defendant" and it would be the DA you would want to persuade.

The answer is a lawyer. Even the public defender / legal aid. More about the diversion program from other members to follow, if available.
 

zodg1lla

Junior Member
Thank you so much for your response Princess, however being a foster child, and in a 4 year university, she doesnt have the money for a lawyer.

If we opt to try to persuade the DA herself, would there be anyway to speak to him/her at the first arraignment or before? Or would she have to plead?

Would pleading No contest be better for her or Not guilty?
 

Banned_Princess

Senior Member
Thank you so much for your response Princess, however being a foster child, and in a 4 year university, she doesnt have the money for a lawyer.

If we opt to try to persuade the DA herself, would there be anyway to speak to him/her at the first arraignment or before? Or would she have to plead?

Would pleading No contest be better for her or Not guilty?
Ok, when she is arraigned, in many cases I have observed, the judge will ask if she has or needs a lawyer.

She will say "yes I do need a lawyer"

A judge will ask her if she can get herself one. She will state why she cannot afford one. The judge will decide if she should get a public defender AKA legal aid.

A plea will be entered as "not guilty" on her behalf until the next court date.

You can try to talk to the DA but I don't think that will be best.
 

CdwJava

Senior Member
However, many of these cases are charged in traffic court as an infraction. If so, a state-funded attorney will not be an option. If that is the case, the DA (if the DA is involved) may decide to offer diversion.
 

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