The Right to Own or Buy a Firearm after a 5150 Hold?

For good reason, a person who is held under Welfare & Institutions Code § 5150 because he or she is considered a danger to himself, herself or others is barred from purchasing, owning or possessing a firearm. However, sometimes a 5150 hold is initiated over a transitory mental illness or mental condition that one recovers from or the 5150 hold is made in an abundance of caution without real confirmation of a persistent mental condition that is dangerous to others. Therefore, after a 5150 hold, there is a way one can regain his or her Second Amendment rights. To read about this provision, please click on the following link –

What is the Immigrant Victims of Crime Equity Act?

It is rather well understood that someone who is an illegal alien may be scared to report being a victim of crime because this involves contact with police who may discover the victim is illegally within the United Staes and arrest that victim. This fear is often used by abusers, especially in the context of spousal abuse and armed robberies, to threaten victims into silence. The Immigrant Victims of Crime Act seeks to end that. To read more about this new law, please click on the following link –

Immigration Holds and the California TRUST Act.

There is a reason an illegal alien often seeks to evade arrest by law enforcement. He or she may believe that if arrested, he or she will be put on an immigration hold for ICE to pick up and deport. While waiting for ICE to pick him or her up, he or she cannot post an immigration bond to leave jail and, in the past, he or she could wait weeks, months or even over a year for ICE to come. This type of lengthy hold has been reduced to 48 hours, with some exceptions, by the TRUST Act. To read about this new law, please click on the following link –

Juvenile Criminal Proceedings & Immigration Issues

While juvenile court adjudications are not convictions, they still can affect a juvenile’s immigration status in life-altering ways. It can affect the green card status of a juvenile and can affect the juvenile’s application for lawful status, so a criminal defense attorney representing a juvenile who is not a U.S. citizen must take extra care in resolving the case, just as he or she would in adult court with a similarly situated client. To read more about juvenile court proceedings and how they can affect one’s immigration status, please click on the following link –

Professional License & Duty to Self-Report an Arrest?

Perhaps there is no other issue more problematic than the duty to self-report an arrest or conviction to a state licensing agency after one is arrested or convicted of certain crimes. Does one have to self-report a citation for an infraction? How about a citation for a misdemeanor if one is not arrested? What is one is arrested for a felony? These questions can create a lot of anxiety. To read a short article on the topic, please click on the following link –

How Does Expungement or Sealing Affect a License?

Expungement affects a professional license in different ways than sealing a police report or court file for the same case. Some may prefer sealing, as the record of the case even having been filed is deleted or removed from one’s DOJ record and is not visible to a licensing agency, whereas expungement does not hide the case filing, but shows the last plea as not guilty and the case dismissed. To read more about the distinction between these two remedies, please click on the following link –

What is a Conviction Affecting a Professional License?

It is not well understood that a plea of no contest, guilty or nolo contendere preceeding the sentencing that constitutes a conviction is what causes one to jeopardize one’s professional license. A conviction is not necessarily required for the State of California to revoke, suspend or otherwise discipline a holder of a professional license. What crimes, associated with such a plea, cause this? The answer certainly depends on the license and the professional duties and competencies required. To read more about this, with specific examples of specific crimes, please click on the following link –

In Licensing, What is the Substantial Relationship Test?

A state can constitutionally restrict an individual from practicing a lawful profession only for reasons related to his fitness or competency to practice that profession. However, when a person engages in certain conduct, i.e. criminal conduct, that is substantially related to the qualifications, functions or duties of that profession or business and suggests a lack of fitness or competency, the state can deny a license to that individual. To read more about the substantial relationship test, please click on the following link –

Theft of a Rental Car and Location Privacy Rights

The LEARN database, a collection of license plate images using ALPR technology created by Vigilant Solutions, is a powerful system for tracking stolen vehicles and investigating other crimes wherein a car is used to complete the crime. The following article exemplifies its use. However, is this data a violation of one’s privacy rights? A defendant in federal court made this claim in a motion to suppress. To read how the court ruled and why, please click on the following link –

SB 1437, Major Participant, Reckless Indifference

In reviewing a petition for resentencing under SB 1437, filed under Penal Code § 1170.95, how deep or far can a trial court look in determining if a petitioner makes a prima facie case for relief and is therefore entitled to appointment of counsel? If the petitioner states under penalty of perjury in the petition that he or she was not a major participant in the underlying felony and did not act with reckless indifference, what can the trial court review? To find the answer, please click on the following link –