PD or Private Attorney? Drug charges in California.

[LA2Oaktown]

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

Hey folks,

So on New Years Eve I was stopped outside a rave by an undercover for drinking a beer on the street (idiot mistake #1). He pulled me to a side, asked if I had anything on me and if could search me. I said no to both and he told me I was under arrest for the the open container and he cuffed me and searched me. I cooperated the whole time. I had a couple of pills (5?) just sitting in my pocket (idiot mistake #2). He found them and wrote me up for them but not the open container. Got a 11377(a) citation and he let me go since it is a misdemeanor now in California and he had other people to catch.

So now I am wondering what I should do. Should I go with a PD and just take a plea bargain for a PC1000 program or should I get a private attorney and see if I can get anything better? I have a clean record, I recently graduated from a top university with straight A's, work full time and volunteer at a non-profit part-time (not sure if the 2nd 2 things even matter). A private attorney quoted me at $2500. That is a LOT of money for me in my current situation but if I can get the case dismissed then it might be worth the debt. If I'm just going to get PC1000/DEJ then I don't see the point of spending that money when a PD will most likely get me the same thing. Do ya'll think a private attorney might be able to negotiate something better for me or get the case dismissed? Can I get in contact with a PD before hand to see what my options are or am I stuck waiting to meet him the day of court? Any off chance the charges might just be dropped?

A few things: I live in Oakland and would hate to go to Court in San Bernardino multiple times. I was hoping to apply to graduate school this year but am worried that if I take PC1000/DEJ it will show up when I apply. I don't really mind the PC1000 program for the most part since I don't really do drugs (only smoke sometimes and drink once a week) but I am worried about the time commitment, costs, and temporary record.

Also, I know I am lucky to have PC1000 as an option. I know it could be way worse and I know Im an idiot for getting myself into this situation. At this point I am just trying to do what is best for my record, time, and bank account. Appreciate all the help so much! Thanks!

 

[dave33]

You are faced with a decision that everyone is faced with in a similar situation. You gotta just weigh your options and make the best decision you can. Due diligence is your friend. goodluck.

 

[cbg]

People ask about public defenders vs. private attorneys like they have a choice in the matter. Either you qualify for a PD or you don't. If you qualify, you likely can't afford a private attorney. If you can afford a private attorney, you're not going to qualify for a PD.

 

[TheGeekess]

People ask about public defenders vs. private attorneys like they have a choice in the matter. Either you qualify for a PD or you don't. If you qualify, you likely can't afford a private attorney. If you can afford a private attorney, you're not going to qualify for a PD.

As OP has been told elsewhere.

 

[dave33]

People ask about public defenders vs. private attorneys like they have a choice in the matter. Either you qualify for a PD or you don't. If you qualify, you likely can't afford a private attorney. If you can afford a private attorney, you're not going to qualify for a PD.

I have seen many members take this position with respect to this question many times. Respectfully, the reality is much different.

 

[I'mTheFather]

I have seen many members take this position with respect to this question many times. Respectfully, the reality is much different.

I agree. I've seen PDs assigned to people who I know to have sufficient funds to hire an attorney.

 

[OHRoadwarrior]

I think the biggest problem OP has is that they could care less about their violations of the law, only how to get out of taking responsibility for their actions. Courts do not like those people.

 

[I'mTheFather]

I think the biggest problem OP has is that they could care less about their violations of the law, only how to get out of taking responsibility for their actions. Courts do not like those people.

Oh, I don't know. I think "idiot mistake #1" and the subsequent designations imply that he DOES take responsibility for his actions.

 

[quincy]

... I've seen PDs assigned to people who I know to have sufficient funds to hire an attorney.

In Michigan (and, yes, I know Michigan is not California ), a public defender can be appointed by the court for a defendant BUT the defendant must pay for the services of the public defender, based on the defendant's ability to pay. I think a common misconception, in Michigan at least, is a defendant believing he has FREE legal representation.

 

[CdwJava]

In CA you will also have to pay a nominal fee for the public defender if you lose. Some counties will require a means test, others merely ask if you are indigent. Out here it kinda depends on the court as to the options.

The OP here is lucky that these offenses got changed to misdemeanors. All he really faces is a fine, probation, and treatment. But, if he wants to forego treatment and keep getting high, nothing will prevent that since it's really no biggie to get caught with serious hard dope in CA anymore. And since drug treatment can cost a LOT of money, many people arrested for these offenses are simply choosing to shrug it off and suffer the misdemeanor on their record with the hope of expunging it in a few years. (Yes, the voters here were sold a bill of goods on this one, and they will pay the price ...)