If you are keen to smoke, grow or otherwise enjoy marijuana or make money from its legalization for those over 21 and you live in Palos Verdes, do not get too excited. Each city within the Peninsula (PVE, RPV, RHE and RH) has offered guidance for what they will allow for cultivating, distributing or even setting up a dispensary. To read about each city’s policies, click on the following link.
If one has one’s identity is stolen and there is a conviction for a crime one did not commit, there are ways to straighten this out and have the conviction vacated. Obviously, it the booking photo does not match with you, that is a good start, but what if the offense never involved defendant going to the police station? Then a declaration and a Petition for Factual Innocence under Penal Code § 851.8 is what is needed. To read more about this procedure, click on the following link.
Remain silent is our best advice to anyone questioned when in custody. Do not speak until an attorney is provided to you. Do not naively trust the ICE agent to treat you with leniency if you cooperate by answering his or her questions. The scope of the questions may not be limited to only your immigration status, but they may be broad enough to include the alleged offense leading to being in custody, so even if you are a citizen, your bail may increase based on your answers. To read more about this stressful situation, click on the following link.
Anyone with a professional license issued by the State of California should be aware that California Business & Professions Code § 490 permits a state licensing board to deny, suspend or revoke the professional license of one convicted of a crime if the conduct is “substantially related to the qualifications, functions or duties of the business or profession for which the license would be issued.” A conviction for solicitation of prostitution undeniably reflects poor judgement and the practice of dentistry requires good judgment. So how can such a conviction affect a dentist’s license? Click on the following link to find out.
Veteran’s Diversion (under Penal Code § 1001.80), military diversion (under Penal Code § 1170.9) and Veteran’s Court are three different programs available to veteran’s depending upon the charges alleged, the individual’s service dates, the individual’s discharge classification and any service-related disability rating. Some veterans are eligible for all three. To read more about these three programs, click on the following link.
The answer to the question posed in the blog entry’s title is it matters. What any attorney needs to know first is what was the individual convicted of and whether the person served time in state prison (including if a state prison sentence served in county jail under AB109). Once that is known, the attorney can decide if the conviction was for what is known as a wobbler or whether, depending upon the age of the conviction, whether one must proceed for a pardon. To read more about this topic, click on the following link.
Senate Bill 358 is long-awaited overhaul of Penal Code § 290 and its requirements of sex offender registration. Some estimate that this bill will reduce the number of registered sex offenders by 90% and for many offenders, reduced the duration of being so labeled, including on the Megan’s List website to five and ten years, depending upon the conviction. To read about this new law, click on the following link.