Criminal Law Questions? Ask a Criminal Lawyer.
Hello, thank you for that information.
What a stressful situation. In which county is your daughter's matter being heard?
Not country... county. Which California county :-)
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?
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.
Does that make sense?
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.
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.
(which may explain why your daughter was remanded until July 8).
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.
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.
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.
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
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.
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.
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.
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.
Certainly. I hope that I was able to explain things to you in a helpful way. Did you have any other question?
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