In California, What information if any will appear in an employer background check regarding an occurrence of an arrest where the DA dismissed the case and did not file official charges? Will the arrest still appear and is it possible for the arrest to get expunged?
Penal Code section 851.91(a): " A person who has suffered an arrest that did not result in a conviction may petition the court to have his arrest and related records sealed, as described in Section 851.92".
There are conditions set forth in those sections that have to be met,...Read more »
My girlfriend just got arrested this Tuesday on the 25th and they are trying to give her 20 years. She has never been arrested used to work with law enforcement. She was on her way yo work and they issued a warrant for her and they have 4 charges on her
The amount of time depends on the felonies involved. 182.5 punishes someone who is actively participating in a criminal street gang and promoting, assisting or benefitting from a felony committed by the gang. The charge is conspiracy to commit that felony, which is punishable in the same...Read more »
The PD raided my house and took my safe with narcotics in it but have yet to file charges on the contents of that safe. Then about a month later I got pulled over by a different police agency and was found with narcotics, after they cut into a locked bag without my consent and charged me with sales... Read more »
The district attorney for your county files cases arising from all cities within the county. So, if it was different police agencies within the same county, the charges will come together in one complaint either from the beginning or separately, and then consolidated later. If different counties...Read more »
Most likely the new charge will also include an out-on-bail an enhancement (12022.1 P.C.) which adds 2 years to the sentence, and depending on your judge, could result in get enhanced bail or incarceration when you appear on the new charge.
He has done nothing to help me at all. He hasn't contacted any witnesses and he barely remembers anything from the last time we spoke. He just stands around laughing and chatting with the DA and tries to convince me to take a deal. He hasnt returnes my emails and i feel like he hasnt tried to... Read more »
You could ask the court for a Marsden hearing, where you have the opportunity to explain the breakdown in the attorney client relationship (because of his refusal to investigate/subpoena witnesses) such that you have no trust in the lawyer's ability to defend you, and request appointment of a...Read more »
I have to pay a fine of $250. But I don’t have to appear in court. The violation code is 41.27(c) LAMC (Los Angeles Municipal Code). I have to pass a background check for the jobs that I’m applying. Will this show up as an infraction on my live scan/ background check?
It sounds like a city code violation you are describing, which most certainly is an infraction if it doesn't require your appearance in court, and the maximum punishment is a fine; As opposed to the crime of being drunk in public (647(f) P.C., which is a misdemeanor (or reduced to an...Read more »
The 3 strikes law- Penal Code section 1170.12- applies to felony convictions, not misdemeanors. A Romero Motion, that asks the court to strike a prior conviction, only applies to the sentencing at hand and doesn't get rid of the strike permanently.
You can make a complaint with the California State Bar- the agency that licenses, and disciplines lawyers, and can suspend or revoke their law license. You can also contact a Tort/ Personal Injury cases to see about suing in civil court- There is no cost to you, unless they win ( a contingency...Read more »
A little over 3 years ago I had an incident with a driver where I made a maneuver that could hypothetically be considered reckless driving, a misdemeanor, which was recorded on my dashcam. I want to publish the video on Youtube for the first time, showing people what NOT to do. The video has never... Read more »
I got in trouble last year and been fighting it ever since, the only offer I have been given is 290 days the problem is, my fiance is mentally ill and needs me to care for her. I am all she has and I am very worried what will happen to her if I go to jail. She has no family or anything. Is there... Read more »
Most county jails have alternative custody programs that offer work program or home electronic confinement as an alternative to incarceration, with exception for certain offenses. Check with your lawyer, or your county jail (website) for specifics about their program. You may not need an agreement...Read more »
Hopefully they took him to juvenile hall (not jail) and will be handling the matter in juvenile court. It sounds like self defense, which a lawyer will investigate/pursue. Your son (or you) can help by identifying any potential witnesses and video cameras in the area that can be obtained by his...Read more »
A robbery is considered a violent felony under 667.5 (c) P.C. and limits the worktime credits he can earn to 15%- meaning he must do 85% of the sentence- (per 2933.1) or about 3 years, after subtracting the time he had in by sentencing.
Generally speaking, a cop must have reasonable suspicion that a driver has committed a traffic offense in order to lawfully pull over a vehicle, because it involves the detention of the occupants and the 4th Amendment right to be free from unreasonable searches and seizures. Beyond the stop...Read more »
my bf is on parole, he was pulled over by CHP for DUI (1st time) he failed breathalyzer test and fled before he could be handcuffed. He turned himself in after he was able to speak with his employer. He's been on parole hold since 3/3/2020 and no charges or bail is on the system. County states... Read more »
Since parole conditions can be violated without criminal charges being filed, parole holds are typically not lifted until resolved and can't be bailed on. What the DA files can affect the parole violation, and whether it's resolved for a concurrent sentence in county jail, or a return to custody.
The Statute of Limitations is a bar to prosecution regardless of the 'proof' of the crime. The Statute varies with the crime involved, so you want to do the research to determine what the SOL is, and keep in mind that the DA could allege a crime that fits within it.
Penal Code section 1405 authorizes the filing of a Motion for post-conviction testing of DNA evidence for defendants (serving a prison sentence) who did not have that technology available at the time of trial and where identity was a significant issue that resulted in the conviction....Read more »
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