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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12235
Experience:  Attorney
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Daughter had to go to monthly drug court with report from Methadone

Customer Question

Daughter had to go to monthly drug court with report from Methadone clinic... When she went to the clinic, her counselor was not in and the other counselor refused to give her a report...daughter got angry...by the time she got to court, counselor had faxed the judge a negative note accusing my daughter of falsifying Counseling session signatures...judge remanded her and now she is in jail until July 8... Public defender told her it would be easier to just admit this even if not true ...
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello there.

Customer: Hello
Brandon M. :

Hello, thank you for that information.

Brandon M. :

What a stressful situation. In which county is your daughter's matter being heard?

Customer: USA
Brandon M. :

Not country... county. Which California county :-)

Customer: Santa Clara
Brandon M. :

I'm not sure that I understand the public defender's logic. It might be "easier" to do something, but what matters is the evidence. Have you spoken with the PD directly, or is your understanding based on what your daughter has told you?

Customer: Based on what daughter said...she does not want to admit to something that is not true but this tactic has been offered to her before by PDs....should we look for a private attorney?
Brandon M. :

If she believes that she is not receiving competent representation, yes, you should absolutely look for a private attorney. Admitting to falsifying counseling session signatures in drug court can have serious legal repercussions and although you have to consider that the evidence does not necessarily correspond with the facts, I am disturbed that the PD appears to be so dispassionate about at least investigating the situation to ensure that your daughter is protected. This needs a new set of competent eyes. Talk to a private attorney and at least get your daughter's case evaluated. If private counsel believes that your daughter's PD has acted competently, then you at least have some peace of mind and continue that representation. If not, they can talk to you about representing her, or at least filing a motion to get a new attorney.

Brandon M. :

Does that make sense?

Customer: what is the worst scenario-- this is considered a violation of probation --original charge was a misdemeanor charge of paraphernalia--needle
Customer: she has been clean and showing up for court monthly for one year
Brandon M. :

Well, I should start by saying that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting with counsel in person. That said, the "worst case scenario" for a violation of probation is usually termination of probation, which means that the defendant can serve the remainder of their sentence in custody.

Brandon M. :

A "worst case scenario" is rarely the actual scenario, but if a court believes that an individual has forged a counselor's signature to fool the court, it won't be received well at all.

Brandon M. :

(which may explain why your daughter was remanded until July 8).

Brandon M. :

Sometimes in life, there are degrees of losing. This is the hand that your daughter has been dealt, so the question now is how to move forward and get the best outcome possible under these circumstances. The answer to that question is to get a private attorney to examine her case.

Brandon M. :

If outside counsel says "no, this wasn't handled properly", you can discuss getting new representation and perhaps filing a motion to vacate any related judgment based on ineffective assistance of counsel.

Brandon M. :

If outside counsel tells you that the PD's actions and advice are sound, you can at least have confidence that the recommended course of action will yield the best result possible.

Customer: Okay , so my next step is to find an attorney (how, google one?) and ask them to examine her case?
Brandon M. :

I would actually recommend contacting the Santa Clara Bar Association and asking them for referral to an attorney specializing in criminal defense. Here is their information: http://www.sccba.com/displaycommon.cfm?an=1&subarticlenbr=16

Brandon M. :

The bar association will refer you to someone credible. Once you find someone, set up a meeting to have your daughter's case analyzed. Some attorneys will not charge for the consultation.

Brandon M. :

Plus, with the Santa Clara Bar Association, all of their members have agreed to charge nothing for the first 30 minutes, so you know that you will get at least the first 30 minutes for no charge.

Customer: Okay one last question... While the methadone program has helped with the heroin addiction...it has brought on more problems with dosage side effects,etc...I think she should be in a residential rehab... Would this be a possibility?
Brandon M. :

For any given case, it may be possible, but I would really need to examine the case in person to make a reliable estimate of that possibility in your daughter's matter.

Brandon M. :

So I suppose that the answer to your question is actually "yes", but I'm just saying that I can't assess the degree of possibility in her specific matter.

Customer: okay thanks for your help.
Brandon M. :

Certainly. I hope that I was able to explain things to you in a helpful way. Did you have any other question?

Customer: Not right now
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12235
Experience: Attorney
Brandon M. and 7 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.
Forgot to ask best scanario
Expert:  Brandon M. replied 1 year ago.
Best case scenario would be that your daughter is just warned to be careful in the future and there are no further adverse consequences.

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