Friday, July 1, 2011
The 1st Step of Clearing Your Record
Getting Rid of YOUR Criminal Record
In order to clean up your criminal record, you will first need to know what is on your criminal record. The court will require you to fill out forms. Whether you are requesting a dismissal or you are requesting a Certificate of Rehabilitation, you need to know the details of your convictions(s) in order to complete the forms. Also, certain details will affect whether you are eligible.
Saturday, January 22, 2011
Domestic Violence Part II
The most common domestic violence charges is a violation of California Penal Code Section 243(e)(1). The prosecutor must prove that the person willfully and unlawfully touched the victim in a harmful and/or offensive manner. A common misconception in domestic violence cases is that there must be an injury or some sort of pain inflicted in order to prove a battery - not true. The threshold for what constitutes a battery is low. The slightest touching in domestic violence cases can be enough to commit a battery, if it is done in a rude or angry way. If convicted of this misdemeanor charge, the person faces up to a year in county jail.
The second common way domestic violence charges are filed against a person is for inflicting an injury on a victim that results in what's called a "corporal injury," or "traumatic condition," in violation of Penal Code Section 273.5(a). The prosecutor must prove that the person willfully and unlawfully used force on the victim that caused a wound or bodily injury, whether minor or serious. This charge can be filed as a misdemeanor or as a felony. The manner in which a domestic violence case is filed depends on the conduct alleged and the amount of injury sustained by the victim. The sentence range for domestic violence cases varies dramatically on these factors, but can include state prison if the injuries are significant, or if the accused has a prior criminal record, or a prior history of violence towards the victim.
Don't be fooled into thinking that the prosecutor will "drop the charges" if the victim doesn't support prosecution. Most often, the victim's desire to support prosecution will have little bearing on whether or not a case gets filed and prosecuted. Once the police have been called, a police report filed, and allegations made, the prosecutor will likely proceed forward with the case regardless of the victim's position.
Errol Cook, Esq. (562) 209-1114
The second common way domestic violence charges are filed against a person is for inflicting an injury on a victim that results in what's called a "corporal injury," or "traumatic condition," in violation of Penal Code Section 273.5(a). The prosecutor must prove that the person willfully and unlawfully used force on the victim that caused a wound or bodily injury, whether minor or serious. This charge can be filed as a misdemeanor or as a felony. The manner in which a domestic violence case is filed depends on the conduct alleged and the amount of injury sustained by the victim. The sentence range for domestic violence cases varies dramatically on these factors, but can include state prison if the injuries are significant, or if the accused has a prior criminal record, or a prior history of violence towards the victim.
Don't be fooled into thinking that the prosecutor will "drop the charges" if the victim doesn't support prosecution. Most often, the victim's desire to support prosecution will have little bearing on whether or not a case gets filed and prosecuted. Once the police have been called, a police report filed, and allegations made, the prosecutor will likely proceed forward with the case regardless of the victim's position.
Errol Cook, Esq. (562) 209-1114
Domestic Violence Part I (How it Starts)
Domestic Violence Part I
There are two basic ways the prosecutor files domestic violence cases, both of which must involve a person committing an act against a spouse/family member, cohabitant, boyfriend/girlfriend, or the mother/father of their child. One important thing to note is that if convicted of any crime constituting domestic violence, in addition to possible custody time, the person will be required to enroll and complete a 52-week "Batterer's Treatment Program," pay expensive fees/costs, and often times abide by a protective order.
There are two basic ways the prosecutor files domestic violence cases, both of which must involve a person committing an act against a spouse/family member, cohabitant, boyfriend/girlfriend, or the mother/father of their child. One important thing to note is that if convicted of any crime constituting domestic violence, in addition to possible custody time, the person will be required to enroll and complete a 52-week "Batterer's Treatment Program," pay expensive fees/costs, and often times abide by a protective order.
Tuesday, January 18, 2011
Reducing a Felony to a Misdemeanor
Reducing a Felony to a Misdemeanor P.C. 17(b)
California Penal Code 17(b) allows for certain felonies to be reduced to a misdemeanor, either before sentencing or after sentencing. The timing of a felony reduction may be critical in the future. For example, a Terrorist Threat (threat to kill someone) per P.C. 422 is a "strike" offense if charged as a felony. If the felony 422 is reduced to a misdemeanor "prior to" the guilty plea, then it is a non-strike.
Also, reducing a felony to a misdemeanor after probation is terminated may be critical to obtaining employment. Most employers don't want convicted felons working for them. Convicted felons may present insurance liability issues and bad publicity. Most potential employers aren't going to ask you your side of the story about a felony terrorist threat in an employment interview...because you probably won't get the interview. Having it reduced to a misdemeanor and subsequently expunged avoids missed opportunities and awkward conversations.
Don't try to get your felony reduced to a misdemeanor by yourself. If the judge denies your request per P.C. 17(b) then you'll most likely have to wait a long while before you can raise the request again. When I file a 17(b) request, I anticipate opposition. Often times a prosecutor will file a "Motion in Opposition to 1203.2/17(b)." You have to be prepared to competently and articulately respond to this opposition.
Also, reducing a felony to a misdemeanor after probation is terminated may be critical to obtaining employment. Most employers don't want convicted felons working for them. Convicted felons may present insurance liability issues and bad publicity. Most potential employers aren't going to ask you your side of the story about a felony terrorist threat in an employment interview...because you probably won't get the interview. Having it reduced to a misdemeanor and subsequently expunged avoids missed opportunities and awkward conversations.
Don't try to get your felony reduced to a misdemeanor by yourself. If the judge denies your request per P.C. 17(b) then you'll most likely have to wait a long while before you can raise the request again. When I file a 17(b) request, I anticipate opposition. Often times a prosecutor will file a "Motion in Opposition to 1203.2/17(b)." You have to be prepared to competently and articulately respond to this opposition.
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