Can I get a Felony Conviction Reduced to a Misdemeanor?

A felony conviction can have serious repercussions for employment, loans and grants and immigration. With a Proposition 47 Petition, you have a chance at getting your felony reduced to a misdemeanor.

  • Background on Proposition 47

California voters passed this proposition to allow people who had been convicted of certain felonies to have those felonies reduced to misdemeanors.

  • What are some of the types of felonies that work for a reduction under Proposition 47?
  • Certain felonies such as shoplifting, forgery, check fraud, theft , receiving stolen property where the amount was less than $950
  • Is there a deadline on when these petitions can be filed?
  • Yes, consult with your attorney on deadlines and filing requirements.  Typically, the petition must be filed in the original court where you were sentenced.
  • Who is not eligible?
  • If you have had a previous conviction for certain sex offenses (such as rape, child molestation) or certain violent crimes (such a murder, or attempted murder), then you would not be eligible to petition a court for resentencing under Proposition 47.
  • Will there be a hearing? 
  • A hearing is not mandatory, but may be involved.  If you are out of state, contact an attorney about a Proposition 47 reduction.
  • What are my chances?
  • The court will look at whether you satisfy the criteria and then grant the petition unless resentencing you would grant an unreasonable risk of danger to public safety.
  • How many other people have filed these petitions?
  • As reported by NBC Sand Diego back in 2014, thousands of Prop 47 Petitions have been filed.  With the deadline to file fast approaching, now is the time to make a decision if you have been considering filing a Proposition 47 Petition. (See http://www.nbcsandiego.com/news/local/Prop-47-Has-Immediate-Impact-on-SD-Judicial-System-Attorney-281711231.html)

Note:  This article does not list in its entirety the types of crimes for eligibility or ineligibility.  This article is not intended as legal advice.  Rather, it is informative about introductory information regarding Proposition 47 and interested parties are encouraged to seek legal advice from an attorney. 

Filed Under: Fairfield Lawyer, General

5 Essential Tips for Successfully Navigating a Divorce

Many people who go through a divorce in California have little or no experience with the legal system.  Divorce is a difficult process that will put a strain on you and your children, but this guide will help you keep on track and avoid some of the common pitfalls involved in a divorce.

  • Avoid making threats or reacting to threats.  A common temptation in divorce is to make threats such as “I’ll drag this out and make it as expensive as possible,” or “I’ll make sure you never see the kids again,”  or “I’ll quit my job so you’ll never get a penny,” etc.  These threats do no good and can do a great deal of harm. Making threats puts you in a negative light and can lead to sanctions from the court. If your spouse is making these threats, do not react to them.  Document the threats by taking note of what was said and in front of whom, and report this information to your attorney.
  • Keep focused on the important things – your children, your job, and your health.  The stress and time involved in a divorce can tear you away from your most important priorities, which are likely your children, your job and your health. Make a plan to stay focused on what you really care about. Focus on what you can do and not what you can’t do.  Make a schedule.  Get organized. Force yourself to keep doing the things that you need to do to survive.  Take time to exercise.  Guard your mental health.  The divorce can take over your entire life unless you take charge and make sure that the important priorities are not neglected.
  • Move forward.  Whether your strategy is to settle or to go to trial, make sure your case is moving forward.  The process of divorce is uncomfortable and expensive, so you want to discuss with your attorney how to keep things progressing.  Some vindictive ex’s may try to slow down the process as a revenge technique, so discuss with your attorney the various options that make sense to keep the process moving.
  • Know the strategy and the budget.  Some of the most important conversations you should have with your attorney will be about the strategy and the budget.  Don’t go into this war without a plan of attack.  Discuss your options with your attorney and evaluate the cost of different strategies to come up with a plan that is right for you. Each case is unique and the plan for your case needs to fit your needs and budget.
  • Don’t let emotions rule your decisions.  You are human, and your emotions will be running wild during a divorce. It’s ok to cry.  It’s normal to be angry or depressed. Be kind to yourself and don’t repress the gamut of emotions, but also make sure that you avoid making purely emotion-based decisions.  Talk to a trusted friend or family member. Make decisions when you are in a calmer frame of mind.  There are cases where parties spend money out of revenge.  Think about your divorce as a business, and look to have a return on your investment in legal fees.  To simply this concept: don’t spend $5 to win $1.
Filed Under: Divorce Lawyer, Fairfield Lawyer

3 Essential Steps to Best Resolve a DUI Conviction

If you entered a guilty plea to a DUI or lost your case at trial, this article is for you.  It discusses what to do next once you have a DUI conviction.  Following these steps will help you succeed in completing your probation successfully and putting this conviction behind you.

Set Yourself Up for Probation Success

  • Know.  Make sure you find out what the terms are of your probation and how long it lasts.  Typically, you will at minimum be ordered to stay drug free and not have any other criminal offenses.    
  • Do.  Confirm that you have your paperwork and call the court for a copy if you have lost it.  This will list what you need to accomplish and when.  Typically you will need a counseling evaluation and a certain amount of counseling sessions. You may have community service obligations.  Following through with the Court’s orders is essential.
  • Report.  Ensure that anything you complete is reported, because you want to “get credit” for the counseling, etc. that you finish.  If you don’t know whether the court has a record of what you’ve done, be proactive to call and find out.

Do Not Drive with a Suspend Driver’s License 

  • Don’t drive while your license is suspended.  Typically, your license will be suspended.  Make sure that you do not drive during the suspension period.
  • Complete the DUI Program.   You will likely need to complete a DUI program prior to reinstatement of your license.    
  • More information about Suspended Driver’s License.  For more information about a suspended driver’s license in California go to http://www.dmv.org/ca-california/suspended-license.php

Compliant Driving after a DUI – Interlock and Insurance

  • Interlock.  An ignition interlock device prevents you from driving with a level of blood alcohol above the setting.  You will typically be ordered to utilize this device for a certain amount of time following your DUI, and you shouldn’t do anything to try to bypass the system.    
  • Insurance.  You need a special type of automobile insurance following a DUI.  It is often called high-risk or SR-22 insurance.  Make sure that you obtain the right kind of insurance and keep your payments current.

If you take the time to know and obey the terms of your probation, you can successfully overcome a DUI conviction.  Make sure that you find out what you need to accomplish, avoid driving while your license is suspended, and take the steps necessary once your driving privileges are restored.

Filed Under: DUI, Fairfield Lawyer, General Legal Advice, Legal Advice, Vacaville Attorney, Vacaville Lawyer

3 Things to Avoid Saying in a Custody Battle

You’ve probably heard that you have a right to remain silent in a criminal case, but sometimes it’s an advantage to you to remain silent in a civil case as well.  This is particularly true in the tense situation of a custody battle.  Some parents can be their own worst enemy in a fight over custody of their children.  This article is going to remind you of what you likely already know when you are in a non-stressful situation, and will help you apply these tried and true principles in a custody case.

Avoid All Physical Threats/Cussing/Bashing the Ex

When you are in a custody battle, you need to be cautious about every word you speak.  Imagine that the judge is sitting on your shoulder overhearing every word and decide whether your tone and language will benefit you.

  • Never make a threat of physical harm, even if it is in jest.  Even words meant with sarcasm can be taken out of context.
  • Avoid cussing or hateful speech as these can reflect poorly on you.  You have an opportunity to create your image with the words that come out of your mouth, so make sure that you come across as even-tempered, wise and caring. These are traits almost anyone values in a parent, and exhibiting them will help win points in the custody battle.
  • Don’t bash the ex to the children.  When you talk about your ex negatively to the children, it puts the kids in the middle of the battle.  It isn’t healthy for them, and it won’t help you with the case. 

Don’t be too eager to show your hand 

  • Keep your strategy between you and your attorney.  If you were a gambler, you wouldn’t show your opponents your hand of cards.  Similarly, you want to avoid giving the other side too much information about your strategy and plans.
  • You may not want to be too specific initially about your priorities.  If having the kids this Christmas is the most important thing to you in this world, you may or may not want to share that information just yet.  Revealing your pain points may cause a vindictive ex-spouse to try to prevent you from having the kids this Christmas just to spite you.
  • Follow your attorney’s advice on information you share. Your attorney can advise you on what information to share or hold back, but in general you want to share information strategically at the right times and in the right ways. 

Refrain from “never” and “always” and stick to the truth

  • Don’t back your ex into a corner.  When you tell someone you will never do something or you always deserve something, then you automatically trigger an obstinate reflex.  Even though the term is custody “battle,” they often involve a lot of negotiation, so keep tried and true principles of negotiation in mind:  Don’t back your opponent into a corner by using words that show you aren’t interested in compromise.
  • Don’t exaggerate, stick to the truth.  In an emotional situation, it is easy to exaggerate a story or twist the truth a bit to try to get what you want.  When you are working to get custody of your children, you will be best served by only saying things that are absolutely true because this builds credibility with your children, with the counselors and evaluators that may be involved, and ultimately the judge.  Stick to the truth.

While these are a few of the things you shouldn’t say, there are many things that should be expressed.  Children are sensitive to divorce, so share your love and appreciation for them often.  Take an interest in them.  Spend the time that you can and talk to them about their feelings.  Take the opportunity to model cooperation and civility for your children during the custody case, and if hard positions or harsh words need to be said, let those come from your attorney so that you can be a calm and collected rock for should children to lean on.

Filed Under: Divorce Lawyer, Fairfield Lawyer, Family Law, Legal Advice, Vacaville Attorney, Vacaville Lawyer

3 Ways to Be the Perfect Criminal Defendant

“Help me, help you.”  It’s the famous line from Jerry Maguire, and it applies to anyone facing criminal charges and their attorney.  How can you help your attorney help you?  

1. Communicate.  Good communication is key to helping your attorney help you.  It comes into play throughout your case.

  • Phone/Email/In Person.  Find out how your attorney prefers to consult with you, whether it’s email, phone or in person.  Be available.  Respond to messages promptly.  Don’t underestimate the importance of following up.
  • Be Clear.  Try to organize yourself so that your story is consistent and organized.  This will help your attorney present your case and will help you be believable in the very unlikely event you end up on the witness stand.  When you communicate with your attorney about the facts, try to have the dates handy.  Remember details.  Think through step by step what happened.  
  • Be Assertive.  It’s important to communicate with your counsel about your desired outcome.  For example, if you want to fight the case, then let your attorney know.  If you would prefer to enter a plea, then help him not only understand you preference, but also the details, such as if you want to do your jail time on a specific weekend, or if you need payments for your fines, or if you prefer a certain type of counseling, etc.  Your attorney may be able to ask the judge for special accommodations, but only if he or she knows what to ask for.  

2. Be Levelheaded.  Your behavior on and off the “court” can make or break your case, so be aware of how you are presenting yourself.

  • Be Collected.  Nothing can fire you up more than an unjust cause, so it makes perfect sense that you may get angry or frustrated when speaking about what happened.  Anger or frustration directed to your attorney is misdirected will only get in the way of their vigorous representation to help you.  Be assertive in telling your attorney what you want or need, but do not be aggressive with the person who is on your side.  
  • Assume the Judge or Court Staff Are Watching Anytime You Are in the Vicinity of Court.  Another aspect of being level headed is behaving as if you are always being observed when you are on the premises of the Court.  The worst thing you can do for your case is to blow up with one of the Judge’s staff, as this will often be reported back to the Judge.  Judges are human and may hold your behavior against you.  Additionally, make sure that you are in compliance with all restrictions when going to Court.  For example, if your license has been revoked, do not drive to the courthouse.  If you are prohibited from contacting a certain person, do not go with them in the same vehicle to the Court.  

 

  • Be Honest with Your Attorney.  Your attorney may or may not want to know if you believe you are guilty of the offense, but your counsel needs to know any information that is likely to be in any records, in witness testimony, etc.  

 

  • Don’t Hang Your Attorney Out to Dry.  Surprises are not welcomed by most criminal defense attorneys.  If you know about a witness, or a test result, or a piece of evidence such as a text, let your attorney know.  Some defendants are embarrassed to tell their attorney that they did something that wasn’t the smartest, such as an admission to an officer or a confession to a friend.  Your attorney is a professional and only has your best interest in mind.

 

With great communication, staying level-headed, and being honest with your attorney about adverse facts, you can help your attorney help you as much as possible.

 

Filed Under: Criminal Law, Fairfield Lawyer, Vacaville Attorney, Vacaville Lawyer

Your Guide to Finding the Right Fairfield Lawyer

There comes a point in everyone’s lives where they require the assistance of a lawyer. You might need a lawyer to represent you in a divorce or criminal case, or to provide other services such as setting up a business or providing legal advice.  Fairfield has a huge number of lawyers available, so choosing the right attorney for you can be challenging. A successful outcome depends greatly on the competence of your lawyer, so it is imperative that you find the right one for you.  Important factors to consider are the length of time the attorney has been practicing, whether he or she has experience in the particular time of case where you need representation, and whether you feel comfortable with his or her style of practice.

Recommended practices to ensure you hire the best Fairfield lawyers:

 

  • Consider the length of time your attorney has been practicing.

 

Experience is one of the most important qualifications of a good attorney.  A young attorney can be smart and motivated, but an attorney with years of practice will understand issues and know arguments that a younger attorney will likely miss.

 

  • Find and attorney who specializes in your type of case.

 

Finding an attorney with not just years of experience, but years of experience for your particular case is vital to your success.  For example, if you have a criminal charge, such as a DUI, you will want to find attorney who has represented many criminal defense cases in the past.  It is important that your attorney knows the judges and the prosecutor and feels comfortable in the courtroom.  Your attorney’s familiarity can  help you get a better outcome because your attorney will know what arguments will be most compelling on your behalf.

 

  • Schedule a consultation to see whether you feel comfortable.

 

Schedule a consultation with your prospective attorney to discuss your case.  Many attorneys will provide a consultation for not fee or nominal amount.  Come prepared with your evidence organized and consolidated and be prepared to summarize your case succinctly to your attorney.  During the consultation, you can determine whether you feel comfortable with the attorney and his or her style of representation.

 

  • Verify that your attorney is a Member of the California Bar Association

 

Once you have decided on an attorney, you can check to confirm that your lawyer is an active member in good standing with the State Bar of California by clicking here.

If you follow this guide given above, there is no doubt you will end up with one of the best Fairfield lawyer for you and for you rcase.

 

Filed Under: Fairfield Lawyer
« Previous Page