Can an Employer See Arrests in my Criminal History?

The answer to the question posed above depends upon the type of background search the employer uses.  However, there are certain types of searches, i.e. Livescan, that do include information about arrests, even if such an arrest never led to a criminal case filing or the criminal case was dismissed, or the conviction was later expunged.  To read more about this problematic issue, click on the following link.

Does Felony PC 459 Qualify Under Prop 47 as PC 459.5?

The short answer to the question posed in the title is no, but why?  While commercial burglary is not listed as one of the eligible offenses under Prop 47, can’t it be classified as shoplifting and if not, why not?  To read answers to these questions, if case you, too, are thinking about Prop 47 relief to resentence a felony as a misdemeanor, click on the following link.

Civil Case Versus Cops for Unreasonable Detention and Search

Many people who call our office seeking to sue the police have either waived their right to such a lawsuit by not filing an administrative claim within the time required or (and) are unaware that most government employees enjoy limited immunity for acts of negligence.  However, some cases can prevail in favor or someone the police mistreat.  To read about one such case, click on the following link.

Does Prop 47 Apply to Theft of a Cell Phone from a Locker?

If a juvenile breaks into a locker and steals a cell phone, is that felony burglary and thus eligible for reduction to a misdemeanor under Prop 47?  The following article addresses this issue, as Prop 47 is applicable to juveniles.  But can theft of a cell phone from a high school locker be characterized as commercial burglary to avail itself of Prop 47? To find out the answer, click on the following link.

Are Probation Conditions Illegal That Allow Searches of a Juvenile’s Electronic Devices, i.e. Snapchat, Instagram?

It is well-recognized that juveniles do a significant amount of communicating by cell phones, I-pads and laptop computers.  When a probation condition is reasonably related to preventing further crimes, it may be proper.  Can a probation condition include a requirement that a probation officer search a juvenile’s electronic devices if the juvenile is on probation for residential burglary?  This question was answered in the following appellate court decision summarized at the following link.

Conviction Affirmed for Second Degree Murder Based on DUI from Meth

Our office has had several clients claim they are more alert while driving under the influence of methamphetamine.  The truth is that they feel they are super alert, but their reactions and responses to traffic conditions in fact are usually slower than a sober person.  This is one of the reasons why driving under the influence of such drugs is illegal.  It can also lead to a second degree murder conviction.  To read about this sad case, click on the following link.

Penal Code § 484e(d) – Is It Eligible for Prop 47 Relief?

Theft of access card information, a violation of Penal Code § 484e(d), seen as a crime of some sophistication.  It involves stealing another person’s identity for financial gain.  It is not a crime of impulse.  Rather, it is much more of a calculated act.  Is is eligible for reduction to a misdemeanor under Prop 47?  The answer may surprise you.  Click on the following link to find out the answer and why.

What Probation Conditions Are Unconstitutionally Vague?

Notice and due process of law are terms that all attorneys are familiar with from law school, but in the context of probation conditions, they are often glossed over when a convicted person is afforded probation over prison (or jail).  If someone later is accused of violating a probation condition, such as being in the presence of gang members or at a restaurant (or bar) where alcohol may be the chief item of sale, is there any defense?  Click on the following article to read about the probationer’s rights to have knowledge of what violates probation.

Does Prop 47 Apply to Felony Receipt of Stolen Property If the Property Is a Car (Penal Code § 496d(a))?

A good criminal defense attorney will realize that the law can be a flexible thing, within reason.  Under Prop 47, can one petition for resentencing and be resentenced when the felony theft conviction involves the receipt of a stolen car worth less than $950?  Is receipt of a stolen car like shoplifting?  Does it fall under Prop 47?  To read about an appellate court decision that addressed this issue, click on the following link.

Can a Prosecutor Reinstate Charges If I Seek Relief under Prop 47?

The following article is a cautionary tale of why a careful defense attorney or defendant should think twice before seeking relief under Proposition 47.  In certain unusual circumstances, a judge can grant the petition for resentencing and order a longer sentence than was ordered originally.  To read about the factual circumstances that allowed this, as well as the legal basis, click on the following link.