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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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I am a california resident and was charged with the follwing codes 13-3405a1 and 13-3415a

Resolved Question:

I am a california resident and was charged with the follwing codes: 13-3405a1 and 13-3415a while crossing the arizona border. I have the same charge dating back 5 years, on my california record. Will the judge take my past record into account when sentancing? Is there anything I can do to help lessen the charges/fees/avoid jail time. I have since also recieved a california-issued medical marijuana medical card. Can I request a public defender at my court date? Any assistance/advice will be greatly appreciated.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.

JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

I am sorry to learn of your circumstances.

JB Umphrey :

Yes, the judge will take your past record into account when sentencing.

JB Umphrey :

Having later received a medical marijuana card should have no affect on the pre-card charges.

JB Umphrey :

If there is a chance that the judge will consider imposing a jail sentence in the event of a guilty plea or conviction, yes, you will be eligible for a public defender in the event you cannot afford to hire your own attorney.

Customer:

Thank you for your quick response.

JB Umphrey :

You are most welcome.

Customer:

Okay, let me see if I understand what you are saying....

JB Umphrey :

When going to court, it is important to arrive on time, dress neatly and nicely and be polite.

Customer:

Can you tell me what I should expect to be asked when I arrive in front of the judge?

JB Umphrey :

Since you have a past conviction, you most likely will not be eligible for a deferred prosecution/adjudication.

JB Umphrey :

You will be asked (1) how to you wish to plead, (2) are you going to hire a lawyer, represent yourself (or if jail is a possibility, are you asking for court-appointed counsel).

JB Umphrey :

Is there anything else that I can assist with

Customer:

Do I need to plead guilty at this time or can I ask for a court-appointed cousel first?

JB Umphrey :

You can ask for court-appointed counsel, first.

Customer:

Can the judge decline this request? If so, I assume I must plead at that time? Thank you

JB Umphrey :

The judge then make ask some questions about your income, bills, etc. to determine if you are indigent and eligible for a court-appointed attorney.

JB Umphrey :

Yes, the judge can decline the request if (1) the judge decides that even if you are guilty s/he won't send you to jail, or (2) the judge looks at your income/expenses and determines that you can hire your own lawyer.

Customer:

I'm sure i would qualitfy. Im a single mother with two children. In your experiance, will this hurt my case?

JB Umphrey :

That will not hurt your case at all.

JB Umphrey :

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.

Customer:

Thank you very much. Very helpful. I will hit accept now.

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