Criminal Law Questions? Ask a Criminal Lawyer.
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I am sorry to learn of your circumstances.
Yes, the judge will take your past record into account when sentencing.
Having later received a medical marijuana card should have no affect on the pre-card charges.
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.
Thank you for your quick response.
You are most welcome.
Okay, let me see if I understand what you are saying....
When going to court, it is important to arrive on time, dress neatly and nicely and be polite.
Can you tell me what I should expect to be asked when I arrive in front of the judge?
Since you have a past conviction, you most likely will not be eligible for a deferred prosecution/adjudication.
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).
Is there anything else that I can assist with
Do I need to plead guilty at this time or can I ask for a court-appointed cousel first?
You can ask for court-appointed counsel, first.
Can the judge decline this request? If so, I assume I must plead at that time? Thank you
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.
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.
I'm sure i would qualitfy. Im a single mother with two children. In your experiance, will this hurt my case?
That will not hurt your case at all.
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Thank you very much. Very helpful. I will hit accept now.