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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87469
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son is being convicted for a weapons and posession of drugs

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My son is being convicted for a weapons and posession of drugs charges. He was currently on probation when he was arrested and turned in by a C.I. He told my son that 10 yrs is the best that he could get. No Exceptions! If he trys to fight the charges he'll throw 15 yrs to 20 yrs on the table. I am aware of the 5yr minimal for each case but aren't there exceptions to the rule? The lawyer we hired hasn't represented us with his best. He told my son that this is the best that he can get. He has constantly delay the court dates to prolong the case (which he said was in the best interest). The Fed D.A. refuses to talk about anything less than 10 yrs (per lawyer). His repore with the D.A. didn't seem the best. Now We're at the point of being sentenced and My son haven't heard anything from the lawyer regarding the PSI report, (since he walked out on the meeting with him) or anything regarding the property that was taken from the residence, i.e, computor, keys, jewelry. He supposed to be sentenced on 7/21, is there anything that we can do? Have we went to far along with the case for any negotiation to change the outcome if we dismiss the lawyer?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



This depends. What charges is he convicted of, exactly, i.e. misdemeanor or felony? What grade (1st, 2nd, 3rd, A, B, C?)





Customer: replied 4 years ago.
His cases are Felonies. He had apprx 500 grams of cocaine. I believe its a A Felony. & he was on probation when he was arrested but these are questions that he nevered answered. He just told us that some things weren't for us 2 worry bout. The only paper work I have are the police reports and the charges he face. He said the only way 2 get less time is 2 snitch on someone.
Expert:  Ely replied 4 years ago.
Based on Health & Safety §11000, et seq. §11350, et seq. and the information you are giving me, he is facing 2-4 years. Any sales can go up to 5 years. Sale to minors can go up to 9 years. What do you need to know?
Customer: replied 4 years ago.
This is his 1st time being convicted 2 prison. There were no sales involved. He had a 4-way search clause. They stopped him n the streets & took him back 2 the house bcause of the word of the informant. Their were also guns n the unit & due to that fact his lawyer told him he isn't eligible 4 a drug program. Is there anything we can do 2 help with sentencing even if we FIRE the Lawyer? He hasn't been good representation.
Expert:  Ely replied 4 years ago.
Has the Judge already rules on sentencing? Has your son been cooperative with prosecution and took a plea or was it a trial?
Customer: replied 4 years ago.
No! He rules on the 7/21/2010. When the agreement went into affect we had 14 days to disagree with the plea deal but he never contacted us during this time to make sure we were satisfied with the results. When I called him to bring this point up he said he's been sick and he's not moving or doing anything during this time. He said he has explained to us that this is his only option unless he goes to trial. During the PSI meeting he didn't stay thru the entire meeting. My son isn't happy with him PERIOD! He's stated this all along I just didn't know what to do. We've had no contact with the lawyer since. pls advise?
Customer: replied 4 years ago.

Yes! he has been very complient with the D.A. The lawyer replied that the D.A. doesn't like my son. For some reason he wants him in prison.

Expert:  Ely replied 4 years ago.
The only thing I can recommend to do is to get another attorney and to file a MOTION FOR DOWNWARD DEPARTURE, which asks the court to decrease the sentencing scale due to the defendant's working with the DA. That's your only option at the moment, I am afraid.
Customer: replied 4 years ago.

So fire the lawyer today? Do we file the motion before the court date or do we let the court know that we've released the lawyer at court?

Expert:  Ely replied 4 years ago.
You can fire the attorney now, but do let the Court know ASAP and see if you can get a continuance so as to find a new one.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



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Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



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You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”













Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87469
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 4 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
I wished I had talked with you sooner. I'll be on the phone asap! Thank you! Do u think I can get any help with this matter w/o paying as much as I've put out already?
Expert:  Ely replied 4 years ago.
I can't really say. Plus, keep in mind this is only a possibility - does not mean it will work. But good luck :)
Customer: replied 4 years ago.
Ok. Is there anyone you can recommend or anything else you recommend I should do? I've already left msg with lawyer regarding his release.
Expert:  Ely replied 4 years ago.
I'd like to refer you to the CA Bar's Referral program. The program is free. The attorneys are vetted, qualified, and affordable. If memory serves me right, you also get a free consultation once you are matched up with an attorney from the category that you need (or at least the consultation is very cheap - I know this for a fact). The link to the Bar's referral service is below.

http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”













Customer: replied 4 years ago.
Thank you and I have accepted. THX!!!
Expert:  Ely replied 4 years ago.
Thanks :)
Customer: replied 4 years ago.
did i mention this is all federal?
Expert:  Ely replied 4 years ago.
That's fine, it doesn't change a thing. State courts mimic federal in this respect so my answer stands.

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