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.
The new law empowering judges with the ability to alter sentences involving crimes committed with the use of a firearm is not only controversial, but seen by many as long overdue. Indeed, many other states have such measures, but California did not. The biggest question is whether such a law has retroactive effect to allow resentencing of certain felons and possibly allow their immediate release from prison, as Proposition 47 in fact allowed. To read more about SB620, click on the following link.
Many people, in hiring an attorney to represent their self in a criminal case, have little to no idea what an attorney can do or should do. The following article is meant to be a very general overview of what an attorney ought to do at a minimum. Depending upon the facts of the case and the legal issues specific to the case, much more is often necessary. To read a short article about just the basics, click on the following link.
Sadly, many people have been denied employment, the ability to rent a home, volunteer at their children’s school and other opportunities because they have a record for an arrest, although the case was never filed in court, or the case was later dismissed. This stigma has scarred many until now, with the passage of SB 393. To read about this new law, which can follow expungement, click on the following link.
At what blood alcohol content (BAC) does one’s eyes become bloodshot or watery? At what BAC is the odor of an alcoholic beverage detectable? At what BAC is an unsteady gait, slurred speech or horizontal nystagmus observable? Naturally, the answer varies by individual, but there are certain estimates that have been made after studying large numbers of people. To read what these are, click on the following link.
Having a fake ID, a violation of Penal Code § 470(b), is considered a form of forgery. It can be a felony or a misdemeanor, depending upon the person’s prior history and the facts of the case. If brought as a misdemeanor, the punishment can be up to a year in jail; if brought as a felony, it can be up to three years in state prison, plus court fines up to $10,000, plus penalties and assessments. To read more about § 470(b), including the defenses to this offense, click on the following link.
Government Code § 12952, the codified version of AB 1008, benefits job applicants seeking employment at any employer with five or more employees. It provides that the employer may not consider an applicant’s criminal history until after making a conditional offer of employment. The new law also provides four key guarantees that help applicants with criminal histories. To read about the new law, click on the following link. –