CALIFORNIA CLEAN SLATE ACT

Posted by George L. FernandezMay 15, 20240 Comments

The "Clean Slate" laws automate the record-sealing process for eligible people, a progressive move toward rehabilitation and reintegration into society.  A criminal conviction typically follows someone long after they have completed their sentence and negatively impacts employment prospects and housing applications.  With automatically sealing eligible criminal records, convictions will no longer appear on background searches. It's designed to help people who have changed their lives and reduce recidivism rates. However, the automatic record relief process can be delayed if you pick up new criminal cases. Suppose your criminal record is not eligible for automatic relief. In that case, you might still get relief by filing a petition to seal or expunge.

What Are Pre-Trial 402 Motions?

Posted by George L. FernandezDec 21, 20230 Comments

Pre-Trial 402 Motions Motions In Limine are related to whether or not a specific evidentiary item should be admissible or excluded during trial, or if it is too prejudicial to the defendant. Under Evidence Code 402, this concerns issues such as prior convictions and prior bad acts, voluntariness...

Does Immigration Status Affect Tenant Rights in California?

Posted by George L. FernandezJun 08, 20230 Comments

In today’s headlines, it is all too easy to find examples of undocumented residents being targeted for unfair treatment, singled out, and taken advantage of. It would be easy to assume that legal protections are not available to prevent such treatment. However, there are in fact many California laws specifically written to protect tenants regardless of their citizenship or immigration status and set forth special penalties for discriminating against immigrants regardless of how they came to live in California. Learning about these laws and making sure that anyone who might benefit from their protections can be one of the best ways to prevent such unfair treatment, wherever you might find it.

Have You Been Charged with Welfare Fraud?

Posted by George L. FernandezApr 05, 20232 Comments

You are deemed to have violated California WIC 10980 when you use fraudulent methods to obtain welfare benefits you do not qualify for from the federal or state government. The consequences of welfare fraud are severe and long-lasting. Therefore when you face welfare fraud charges in Los Angeles,...

WHICH PARENT SHOULD HAVE CUSTODY OF A MINOR CHILD?

Posted by George L. FernandezDec 07, 20220 Comments

The Best Interests of the Child Standard (BIC) is not found in only one code section or case; it is a compilation of many different Family Code sections and case law. However, the standard primarily arises out of Family Code 3011, 3020, and 3040. These sections are used by family courts when making and modifying custody orders.

Are You Eligible for a Diversion Program?

Posted by George L. FernandezNov 16, 20220 Comments

Are You Eligible for a Diversion Program?The starting point of eligibility and suitable for “Diversion,” will depend on the charges you are facing.First-Time Misdemeanor Cases- Prior to CourtMisdemeanor offenses, on a case by case evaluation by the City Attorneys' Office and District Attorney, wi...

INTOXICATED DRIVING FAQ

Posted by George L. FernandezOct 26, 20220 Comments

Driving while intoxicated (DWI), operating a vehicle under the influence (OVI), or driving under the influence (DUI) are all ways to describe the same thing: intoxicated driving. Intoxication may be the result of alcohol or another chemical substance (e.g., marijuana) or both. To be a crimina...

DID YOU VIOLATE A TERM OF YOUR PROBATION?

Posted by George L. FernandezApr 28, 20220 Comments

Probation is one of several penalties – one part of the overall sentence – typically imposed by the courts for a criminal conviction in the state of California. In fact, a full sentence may include probation along with community service, fines, classes, or jail time. A serious traffic violation o...

DID YOU MISS YOUR COURT DATE?

Posted by George L. FernandezApr 26, 20220 Comments

While showing up to your court date is extremely important, sometimes things happen that make it impossible to make an appearance. If you have missed your court date, do not panic. There are things you can do to rectify the situation and not make things worse for yourself.  First, let us talk ab...

Have You Been Charged With Robbery?

Posted by George L. FernandezApr 23, 20220 Comments

A robbery falls under Penal Code (PC) 211 in California. The basic robbery definition is using force or fear to take property from the immediate possession of someone else against their will. It's a serious and violent felony that counts as a strike under the state's Three Strikes Law, regardless...

What Is Murder (PC 187)? Defenses and Punishment.

Posted by George L. FernandezApr 23, 20220 Comments

What is murder?  California Penal Code § 187(a) defines murder as an act, with malice, that causes the death of another person (or fetus) without a lawful excuse or legal justification.  It is a strike offense under the California “Three Strikes Law” that specifies certain violent or serious felo...

ORDER TO SHOW CAUSE – REQUEST FOR ORDERS

Posted by George L. FernandezDec 31, 20210 Comments

Parties who have filed their petitions with the family court seeking a divorce, grandparent rights, modifications of orders, paternity, or other relief may have to wait months for a hearing. Unfortunately, some matters might be pressing and cannot wait for months to be resolved. In those cases, t...

WERE YOU CONVICTED OF A FELONY AND SERVED TIME IN PRISON? YOU MAY SEEK TO RESTORE YOUR RIGHTS WITH A FELONY REDUCTION OR CERTIFICATION OF REHABILITATION AND PARDON.

Posted by George L. FernandezNov 11, 20210 Comments

Certification of Rehabilitation and Pardon For people were were convicted of a felony and did serve time in state prison, there is still hope! Getting a Certificate of Rehabilitation will allow employers to know you successfully completed all the terms relating to your conviction, and are “reha...

DO YOU HAVE AN EVICTION ON YOUR RECORD?

Posted by George L. FernandezNov 10, 20210 Comments

When a tenant fails to respond to the unlawful detainer or fails to appear for a mandatory court date, a landlord can request default judgment and a writ of possession.  A tenant then has about a month from the filing of the eviction lawsuit before the sheriff arrives to change the locks to the u...

Important Benefits of a California Expungement

Posted by George L. FernandezApr 09, 20211 Comment

The most important benefits of a California criminal record expungement under Penal Code 1203.4 PC include: Assistance with finding a job; Help with obtaining professional licenses; Assistance with joining professional organizations; Preventing the past conviction from being used to impeach...

Have You Been Served With A Restraining Order?

Posted by George L. FernandezFeb 18, 20210 Comments

In the California legal system, a restraining order prevents a specific person from harassing, abusing, stalking, or threatening another person. The party that is protected is known as the “protected person.” The other party (e.g., the abuser) is known as the “restrained person.” Restraining orde...

Have You Been Charged With Domestic Violence?

Posted by George L. FernandezFeb 18, 20212 Comments

California domestic violence laws make it a crime to harm, or threaten to harm, an intimate partner. Common charges include Penal Code 243(e)(1) “domestic battery” and Penal Code 273.5, “inflicting corporal injury on an intimate partner.” Consequences of a domestic violence conviction in Calif...

Have You Been Charged With a Felony?

Posted by George L. FernandezFeb 18, 20210 Comments

In California, a felony is a crime that carries a maximum sentence of more than one year in jail or prison. The most serious California felonies can even be punished by death. People convicted of a felony may also be fined up to $10,000 in addition to, or instead of, imprisonment. 1 2 Alternati...

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