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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 37878
Experience:  I provide general practice and mediation & arbitration services to my clients.
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My 22 year old daughter has a citation by Murrieta police for

Customer Question

My 22 year old daughter has a citation by Murrieta police for 4140 BP-M A and needed to be finger printed before her hearing date of 9/3/10.
This is the first time she has had any police involvement.
She was in a Detox ran away, returned and then the police was called.
The detox said she stole purses from other clients-my daughter denies that. She was found to have a "needle" on her but no drugs.
She left detox but is now in Malibu in a sober living with outpatient treatment.
Does she need a lawyer before going to the hearing?
She has no money and I am in serious debt trying to pay for care for her.
I would be very grateful for a reply
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Dimitry Esquire replied 4 years ago.

Thank you for your question.

I will do my best to assist you with your issue. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com as well as various state bar associations from giving specific legal advice, provide representation, or enter into an attorney-client relationship through this open and non-confidential forum. Do you understand and agree to these provisions as well as JustAnswer.com's disclaimer?

Sincerely,


Dimitry Alexander Kaplun, Esq.

Customer: replied 4 years ago.

Yes thank you.

I'm very concerned since I cannot attend the hearing and would like to support my daughter with good advice.

I'm wondering if a public defender is ok but they won't talk to us before although the website says they do give advice

Expert:  Dimitry Esquire replied 4 years ago.
Thank you for your patience, and my apologies on the delay--I was not informed that you responded.

What she is being charged with is possession of a hypodermic syringe. The maximum sentence is up to 1 year in jail plus a fine of $1000. However if she is a first time offender that is HIGHLY unlikely--at most your daughter is looking at probation and court costs. If your daughter can prove that the needle is not hers, it may be useful to retain counsel. Otherwise a public defender should be sufficient, simply because this is a fairly low level offense, and because she is a first-time offender.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 9/1/2010 at 11:10 PM EST
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 37878
Experience: I provide general practice and mediation & arbitration services to my clients.
Dimitry Esquire and 9 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

So she really risks being put in jail at this hearing?

What should she plead?

She says that she did have the needle.

Should she plead gulity or no contest or not gulity but the latter one is not true.

She does want to be honest and is managing to turn herself around

I would appreciate a response at your earliest convenience since time is running out

Thanks Anita

Expert:  Dimitry Esquire replied 4 years ago.
Ma'am,

I was offline and you left me a "Negative" rating for my answer simply because I told you that this was a low level offense, which it is. Now you are seeking additional information from me. I am sorry, I do not help individuals who attempt to leave a negative rating out of spite--as such I will opt out, and open your question up to an another Expert who may risk also getting a negative rating from you over getting accurate information.

Take care.
Expert:  Dave Kennett replied 4 years ago.

I will attempt to help you but the other expert was correct in his assessment. She needs to plead not guilty and allow a public defender to be appointed. I'm all for honesty but my advice is that she keep quiet. She has no duty to talk or to explain anything to anyone except an attorney so before she says anything to anyone about the case she needs to talk to counsel.

 

Anything she says will be used against her and nothing she says will help her so she needs to stay quiet for the time being and plead not guilty. Many times the charges can be reduced through a plea bargain or there may be some technical violation of her rights so that is why it is essential to be represented by legal counsel.

 

If she is out of jail now there is no reason she would be sent to jail at the time of the arraignment.

 

Dave Kennett

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