Fuller Law Firm
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Being convicted of any crime can have serious ramifications, but being convicted of a federal crime carries a heavy burden. One of the most inequitable areas of federal convictions revolves around federal marijuana-related offenses, especially given the changes the state of California has made regarding marijuana.
There is good news, however, for those with federal convictions in the form of a new initiative signed by President Biden in October 2022. This initiative will provide clemency for certain offenders to have their records expunged of their crimes and receive a presidential pardon.
As part of the Biden administration’s commitment to addressing the disproportionate impact that enforcement of cannabis laws has had on communities of color, the president introduced a three-step plan for pardoning federal convictions:
January 1st is not only the date many people choose to set resolutions, but it is also the date the state of California chooses as the effective date for many of the new laws that state lawmakers passed over the past several months. This year is no different. Included in the dozens of new state statutes are some key criminal laws that California citizens should be aware of. The following is a brief overview of those laws.
Under AB 2167, when an individual has been convicted of a crime, the courts are now required to consider other alternatives other than jail or prison as punishment. Lawmakers included wording in the statute that specifies their intent that the disposition of every criminal case in the state concludes with the least restrictive sentence possible. The goal is to reduce the number of people incarcerated in order to achieve better results when it comes to recidivism rates, reducing racial disparities, and better economic outcomes for those involved.
Although the media is often filled with stories about incidents where law enforcement overstepped their legal authority, there are laws in place to protect citizens when those misuse of powers occurs, especially if the citizen is charged with a crime as a result. One of the most important protections we have is the Fourth Amendment. This amendment protects from “unreasonable” searches by police. Read on to find out how this critical law can make a difference in your criminal case.
The Fourth Amendment grants the right to citizens “to be secure in their persons, house, papers, and effects.” It protects against unreasonable search and seizures by police, meaning that an officer must have a warrant in order to perform a search. A warrant is a legal document issued by a judge that gives police the right to search, however, police are required to show probable cause why they think the search is necessary for obtaining evidence of a crime.
California will soon be the first state in the nation that will automatically seal the majority of criminal records for those defendants who complete their sentences and avoid any future convictions. The new law is an extension of an earlier “Clean Slate” law that California passed in 2019 with the purpose of eliminating the criminal record roadblocks that many previously incarcerated people have in obtaining housing, jobs, education, and more.
It is often difficult for ex-offenders to successfully re-enter society with their criminal records hanging over their heads. In California, criminal record screenings are conducted by 80 percent of landlords, 90 percent of employers, and 60 percent of colleges and universities.
Under the new law, which will go into effect in July 2023, the arrest records and criminal convictions of people (on or after January 1, 2005) will automatically be sealed as long as they have not been convicted of a new felony offense for four years following the completion of their sentence. This automatic sealing also includes arrest records of people who were charged but not convicted.
People throughout California engage in a variety of business-related activities, so it is not uncommon for some individuals to occasionally face fraud accusations for certain actions they take. The commission of a fraud crime typically requires an alleged offender to obtain some kind of benefit to which they are not entitled and cause harm to an alleged victim.
The California Employment Development Department (EDD) actively encourages people to report fraud, and any person who is facing fraud allegations will want to be certain they retain legal counsel as soon as possible.
The term fraud includes a wide variety of criminal offenses. Some of the most common fraud crimes in California include, but are not limited to:
Welfare Fraud — Welfare fraud occurs when someone wrongfully obtains public assistance. This crime is prohibited under California Welfare and Institutions Code § 10980.
Property crimes generally refer to criminal offenses in which an alleged offender steals, destroys, or otherwise violates another party’s property rights. A conviction for a property crime in California can result in serious criminal penalties. While many property crimes may be misdemeanor offenses, several others can result in felony criminal charges. If you are facing property crime charges in California, seek the help of a San Jose, CA property crimes defense attorney.
The most common kinds of property crimes in California usually include:
Burglary — Under California Penal Code § 459, an alleged offender who enters another party’s property with intent to commit grand or petit larceny or any felony commits burglary. First-degree burglary involves burglary of residential structures while second-degree burglary crimes involve other types of structures. Convictions are punishable by up to six years in prison.
The stereotypical image that may come to mind when you hear “domestic violence” is of a man physically attacking a female romantic partner. While this form of domestic violence is fairly common, it is far from the only situation in which domestic battery may be charged. People of any gender may be charged with domestic battery, and the victim need not be a current romantic partner. Regardless of the specific set of circumstances leading up to a domestic battery arrest, the charge remains heavily stigmatized.
The collateral consequences associated with a domestic battery conviction may even be worse than the judicial consequences. You may face struggles similar to those a felon may face in finding a good job, securing educational opportunities, or even finding housing that is acceptable to you. If you have been accused of domestic violence, it is important to take the situation very seriously and find a skilled criminal defense lawyer.
If you are eligible for PC 1000, a pretrial diversion program for those with minor drug charges, it may provide an opportunity for you to keep your criminal record clean. For those who qualify, it may prove invaluable. If you successfully complete this diversion program, your charges will be dismissed. You will not have a conviction. To succeed in this program, you must commit to certain requirements, like seeking substance abuse treatment and staying clean and sober. There are also requirements for entering these programs. They are designed for people who use and possessed drugs and may benefit from treatment, not manufacturers or distributors.
For many eligible individuals, but not all, this will be their first interaction with the criminal justice system. If you believe that you are eligible for this drug diversion program, your attorney will likely advise you to take advantage of it in most situations.
California's temperate weather and rich culture make it a perfect place to explore on bicycle. Unfortunately, motor vehicle accidents involving bicyclists are not uncommon. If you have been injured in a bicycle accident, you may be wondering who is at fault and whether you can recover compensation for your injuries. The answer to these questions depends on the specific facts of your case. In general, California law follows the "fault" system when it comes to car accidents. This means that the person who caused the accident is typically responsible for paying for any damages that result. However, liability for bicycle accidents is rarely straightforward.
A motorist's liability for a car-on-bicycle crash depends on the circumstances of the accident. If the driver was speeding, texting, driving while intoxicated, failed to yield, or was otherwise driving in a negligent manner, and this led to the accident, then the driver may be held liable. The at-fault driver's auto insurance company may be required to pay for the bicyclist's medical bills, property damage, and other damages.
Mental illnesses affect millions of people across the country. Unfortunately, some people with mental illnesses end up facing criminal charges.
In California, mental health assistance and diversion programs that focus on treatment and rehabilitation instead of punishment are available to people with mental health issues. These programs help people get the treatment and mental health care they need.
A pretrial diversion program is an alternative to traditional prosecution and sentencing. In a pretrial diversion program, the defendant agrees to participate in treatment and other services for a set period of time. If the defendant completes the program successfully, the charges against them may be dismissed. The arrest record is eventually sealed and not accessible to the public.
408-234-7563From our office in San Jose, California, we serve clients throughout the Bay Area, including but not limited to Campbell, Los Gatos, Cupertino, Santa Clara, Sunnyvale, Gilroy, Morgan Hill, Los Altos, Palo Alto, Saratoga, Milpitas, Mountain View, Fremont, Stanford, Union City, and Santa Clara County.
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