To make a long story short --- I was sick (Severe sleep apnea, anxiety, progressive hearing loss, pre-diabetic -- 4 expert medical opinions from very reputable doctors seen before the incident vouch for it). I fell asleep in the middle of the road one (1) minute away from my house, someone called 911 - The city dismissed the call because woke me up and I drove away. Thirty one (31) minutes later even though I was only 1 minute away I scratched an illegally parked vehicle. The owner called the police and described the same car same suspect. The came down really hard upon me, violated several rules/laws, forged a document in the discovery report (I found this out after the fact), destroyed exculpatory evidence, etc... Was charged with a count 1 DUID count 2 driving with a suspended license count 3 driving with out a valid license after striking a vehicle. The arresting officer said she thought I was on heroin, the discovery process said I was crystal (d2)methamphetamine and thats why they would not drop the case. Knowing that I had not taken anything that day (my medications were in question at one point) I fought it until it was going to trial. My attorney actually got me into more trouble (long story) I dismissed him and decided to represent myself and fight until the end. Sooo... Count 1 Dismissed, Count 2 Dismissed but I plead guilty to count 3 12500 (a) since my license had expired. This was after they pretended they could not give me the crime lab packet in a timely manner and even scheduled my last pretrial hearing for them to give it to me in which I was told I would get it in a few days. The lab packet had a lot of problems and showed that they "had to reinject vial 4 as new end of run blank as vial 55 showed possible meth contamination". I went to trial, the city trailed it (they wanted to see if I would show up), they called me and said they were dropping count 1 & 2 but I was guilty for 3 and they would give me 3 year probation. Since I am not a lawyer, I was representing myself and my former attorney of record wanted me to plead guilty of count 1 and 2 so they could drop 3, I agreed. However I demanded that I keep the right not to be searched, to refuse a chemical test and to drive with a measurable amount of alcohol (since I was not DUI and my BAC was 0.00). Thats what I got. But its been less than 3 months and got pulled over for allegedly using my cell phone. I was ticketed with 23123 (cell phone) and 12500 (a) as a misdemeanor. Now... the normal penalty for a 12500 (a) is a $300 fine. What are the chances that I can get my probation revoked and pay a ridiculous fine??? That would be a best scenario for me but I know violation probation is also a crime, I hope that they keep in mind the thousands I spent, a year of my life and all the hardship to show I was sick and needed help, not handcuffs.
Hello. Given that you have just been charged with the same thing that you are on probation for, you are likely going to have difficulties with both the new judge and the probation judge. Judges are very unsympathetic to defendants who commit the same crimes again when they have already gotten the second chance for probation. The penalty for driving without a license as a misdemeanor is up to six months in jail. And if you are convicted, your probation judge can issue a warrant for your arrest (and can even do it just based on the charge itself) and impose jail time as well. I think it is relatively unlikely that you will get away from both cases with just a fine. It can happen, but it is unlikely when someone is already on probation. Generally, in these circumstances, the best course of action is to get a lawyer who can represent the defendant on the new case as well as the violation case, and try to work out a package deal that will encompass both cases. Given your past problems with counsel, however, it is obviously up to you if you want to pursue that route. But if I were you, I'd be prepared that the sentence may be a bit steeper than just paying a fine to wrap it all up. And the judges aren't going to be particularly moved that you paid a bunch of fines before because it didn't keep you from driving without a valid license. Generally, if you worked to restore your license before the court date, that might help, but I'm not sure if you are eligible.Sorry I can't give you better news.
Thats what I figured. Can I click accept and continue asking another question or should I just increase the amount offered?
You can accept and ask a follow up question if you like.
Thank you. My defense was going to base itself on the fact the no one gets a 3 year probation for this crime. The fact is the city was dishonest in a few ways. They police officers falsified evidence in the discovery process, violated my rights, there was a period of 140 minutes in which my blood was not in the evidence locker and lab packet was a joke at its best. My question is if the city will be involved in any way in this because in the interest of peace I did not make a marsden motion, a motion for sanctions against the officers or have sued the city of anaheim for not responding to a 911 call describing a man who could not drive because the man drove away which resulted in a very minor vehicle accident. I can go on for hours as to what is wrong in the police report but I'm sure you know they don't dismiss DUID and driving with a suspended license for no reason (I am glad at least those got dismissed). If the city is involved I think this time I will withdraw my plea of guilty and enter a plea of guilty with the judge and ask him to be fair. No one gets 3 yrs probation for this, and I believe the city had a motive or best interest that I would be found a criminal than a sick man.
Well, unfortunately, the fact that "no one" gets that amount of probation is not really a defense or an issue for review. As long as the sentence is legal (which it is), it doesn't matter if it is more or less than what other people get.
In addition, you've already missed your window to appeal the first case (30 days). You can file a petition to withdraw your guilty plea because it has been less than six months and you were not represented. You have to demonstrate good cause in order to withdraw the plea, which usually means that you have to show that your plea was not knowing, intelligent, or voluntary, or that there is new evidence. The problem is that all of the issues you cite with your previous case were known to you at the time of your plea, so it will be difficult to convince the judge that you should be allowed to withdraw your plea because of them. You can't withdraw a guilty plea just because you change your mind, but rather because there is a good reason for it. If you can show that, the judge may allow you to withdraw.
Thank you again. I did not know (nor do they) about the possible forgery of a form in the discovery. If i had known that i would have taken my chances in trial and possibly recieved a different sentece since they acted in bad faith. I found some redactions to form ds 367. It was redacted twice by rewritting the page numbers then crossing them out and rewriting them. I found the original form at the California Department of Justice-Attorney General's website. When compared page one of the city is page one of the real report, page two is page three, page three is page three and page four is page two. All pages need to bear my thumprint but page "4" does not. So maybesomeone scanned page 3 twice? Maybe, but on closer look, the "duplicates" are written by different hands. There is a page missing. As required by 23612 vc , i had the right to choose between test and officer shall advice me of such right. (a) is for alcohol but (b) is for drugs. The police report states that "breath test results=N/A breath test offered=no" they admitted into evidence 9 pills "which included xanax amognst others....... I destroyed then at the suspects request"!! But never made any mention as to what they were! How often do they destroy evidence at the suspects request? Truth is the pills included one that is only prescribe for sleep disorders such as narcolepsy, sleep apnea (what i have) and shift disorder so someone reading the document may have alluded that i was sick. The CA claims that my license was suspended for some ticket i had before i moved out of state but the officers never mentinoed it to me! They did not site me for it, i kept driving with a suspended license because no one told me until my arraintment. But all records show that "service was needed". I belive the intent was that per 13353 CVC i would have had my license suspended if i refused and if it was already suspended i may refuse. Both 13353, 23612(b) ** bogert vs gourley 2004** and the trubetta adverticement were never read. I guess my last question is that the police never saw me driving, i admitted to it though. If i challange it, i would like to bring out all of the irregularities that are pressumebly illegal and get a different centense from a judge that the one i very foolishly signed? At the very least if i am in trouble so should the men and women we trust to uphold the law an should be held to a higher standard. I did not commit forgery, purgery, conspiracy to do the same, alter any blood samples (assumption only), etc because i thought some one might sue me (assumption too). Btw, can i sue them in a civil court? I would do it but for only $1 simply because I have heard many abuses and its time some one stands up
Since you only pleaded guilty to driving without a valid license, you pretty much have to separate out all the stuff about the DUID charge because it is not relevant to the charge you did plead guilty to. The DUID/drug test/etc. information has absolutely nothing to do with withdrawing your guilty plea on a different charge. This is why I suggest getting a lawyer, because you are getting bogged down in irrelevant issues and issues that are not grounds to withdraw your plea and if you have a legitimate point, it may get buried amongst all the other information that you provide. To be honest, I am having a hard time seeing what point you are trying to make with much of this information. A lawyer can review the plea and parse out what, if any, irregularities occurred that may be the basis for good cause to withdraw the plea. All that was really needed to prove the charge you actually pleaded guilty to was 1. that you were driving (which you confessed to) and 2. that your license was not valid. All the stuff you seem to be focusing on is not particularly relevant to those two points. The officers didn't have to cite you with that at the time or notify you that you were suspended at the time. The prosecutors have the right to add charges that are supported by probable cause.As for a civil suit, you will have a difficult time because officers have immunity for much of their actions. In addition to that, it appears that much of what you think is a violation of your rights is speculation on your part. You can contact a civil rights lawyer to see if they would be interested in trying to take the case, but I think it will be difficult for you to prevail.
Thank you for your honesty and advice. I really appreciate it. I just think that if had not been charged with count 1 and 2, count 3 would have just been an infraction. As it turns out judges have quite a bit of power and can choose wether to make it an infraction or a misdemeanor. Given that the officer never saw me driving (but yes I was honest with him and admitted it) and that they put me thru an expensive hell, I hope the judge feels like I do, that I have paid my dues in a way. But I guess things do not simply work that way.I looked into it and numerous investigations have been made just recently in which they found this police department did have officers that would arrest people that were opposing a political candidate they did not like (new paper, not some unreliable word-of-mouth website) and seen numerous abuses. A person in similar shoes than me was also accused and "confirmed" to be positive but as soon as they bailed him out he went to a hospital and the doctors said it was impossible he was on anything. The city retested and they found that again somehow the first test was wrong. He dint sue but demanded $75,000 from them and got them. He has a website where you can see all the documentation including the checks etc.I don't want the city's money, but I just realized that the maintenance logs show that the machine had not had any mechanical failures for 70 days (my blood was drawn during said days) however previous to that the machine broke down religiously every two weeks. I thought there was obviously something wrong with the machine but they dint catch it.... BUT then I remembered why I am free "there was a burnt filament in chamber blah blah blah ... had to reinject end-of-run vial 4 as new end-of-run due to vial 55 end-of-run showing signs of possible meth contamination"..... So truth be told the machine was serviced, no logs available to the defense ever stated that but actually seem like the machine had not broken down at all or had any service for 70 days.... I don't think I will go to sleep comfortably knowing that maybe 50 people signed a plea agreement or are in jail thinking there was no way out with out knowing this.Thanks again for the honesty and kind advice!
No problem. Sorry I can't give you better news. I know that the judges have discretion but at this point, because you've picked up another charge doing the same exact thing you were on probation for, it's going to be more difficult for you to argue for leniency. It would also be hard for you to sue them because you were charged with at least one sustainable charge, so you still would have been in court, etc. You can contact the ACLU in your area, because they investigate and sometimes pursue lawsuits relating to civil rights violations, particularly if it is a systemic problem. You can also file a complaint with the internal affairs division of the police department. That way you have made it known that these problems exist.Good luck to you. I hope you are able to find a lawyer who can work something out for you.
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