California’s Clean Slate Act – AB 1076 – Expungements Without Petitions?
California has recently adopted legislation that claims to meaningfully address post-conviction relief. For those convicted of a criminal offense, having a criminal record can be an enduring punishment beyond the direct consequences of a conviction. California’s Clean Slate Act goes further than other post-conviction relief options to truly give those with a criminal record a fresh start.
Subject to budget constraints, the California Clean Slate Act provides automatic post-conviction relief to qualifying convictions.
You may qualify if:
- You are not required to register as a sex offender,
- You are not on supervision, probation, or parole,
- You are not serving
Do police have the right to search my house?
Police raids are back in the headlines again, and if there was even a doubt about who can be raided, we should all know now, it can be anyone. That was always the case, but everyone is on notice now. Do police generally have the right to search you house?
Is there a general right to search your home?
No. In the United States, our homes are protected against unreasonable searches and seizures, and no law enforcement officer has the right to access our home, generally. Of course, there are exigent circumstances that may give them the right to …
Federal embezzlement and what makes it unique
Being investigated for or accused of committing a crime can be a terrifying experience. After all, the outcome will have an enormous impact on your life, your family and your career. Embezzlement is a crime that most have heard of but they don’t necessarily understand, particularly at the federal level.
It’s a theft, but more than that
Embezzlement is basically theft. The alleged embezzler is accused of taking something that is not theirs. However, embezzlement is different because of the relationship between the person accused and the money or allegedly stolen property.
Embezzlement only happens when the alleged embezzler is …
What does it mean to have a 1275 hold placed on your case?
You have been arrested on accusations that you committed a serious financial crime and are waiting in jail to be bailed out, only to find out that there is a hold on your case preventing you or a loved one from posting bail.
You may think this is unwarranted, as you do not think you pose any threat to the public and that the crime you are accused of is not that serious. However, there are numerous factors that will be considered when bail is set and there are circumstances under which bail money will not be accepted.
What factors
…Diversion for Prostitution Charges
We’ve seen evidence of prostitution in some of the world’s oldest cultures. Prostitution has been described as one of the world’s oldest jobs. In some countries, prostitution remains a legal profession. In others, like the United States, prostitution is criminalized. Not everyone supports the criminalization of prostitution. To some, if not many, prostitution is a transaction between two consenting adults.
Nevertheless, as it stands, prostitution is illegal in California. California Penal Code section 647(b) criminals the exchange of of sexual act for compensation.
Recently, in fact, law enforcement has “rebranded” prostitution as an act of human trafficking. Or, at least, …
What is considered insider trading?
There are many different ways people use their money, but investing it can be one of the best ways to maximize it. Proper investments can result in substantial gains. However, bad investments on the other hand can cause people to lose a lot of money. It is important that people research the various investments before making them to ensure they are making the proper ones.
Some people will use every advantage they have in order to ensure that they are making the proper investments, but it is important that everyone has the same advantages. That is why insider trading is …
Asset forfeiture in California criminal proceedings
An accusation of criminal conduct comes with a host of questions. What will happen to me? Is jail or prison time a possibility? How will this case affect my career? Each of these questions can be overwhelming by themselves, but there’s another possible penalty which can also be of concern: asset forfeiture.
What is asset forfeiture?
Asset forfeiture is the process by which a government entity seizes the property of an individual and takes ownership of that property. Both the federal government and California engage in asset forfeiture, taking ownership of property they believe has been involved in criminal activity.…
Three people arraigned for insurance fraud in Sacramento area
Some prosecutors say insurance companies are common targets for fraud because they handle large amounts of cash. A recent indictment of three people from the Sacramento area offers support for this theory.
The allegations of the indictment
The three defendants, a man aged 49 from Angels Camp, a woman aged 68 from Somerset, and a male aged 63 from Rocklin, are alleged to have conspired to fraudulently reduce their payrolls in order to reduce the cost of their workers’ compensation permits and thereby defraud the state’s compensation insurance fund of more than $127,000. The investigation was conducted by the state …
What is considered domestic violence in California?
Domestic violence situations and charges can be complicated. Domestic violence charges can impact the accused individual and their family life. For that reason, accused individuals should know how to respond to domestic violence accusations and charges.
How is domestic violence classified in California?
Domestic violence is considered abuse or threats when the people involved are in, or have been in, an intimate relationships such as married couples or domestic partners; individuals who are dating or used to date; individuals who live together or used to live together or individuals who have a child together.
Domestic abuse is defined as:
- Intentionally
Sex Offender Tier Relief
A new California law (SB384) has divided sex offenses into three tiers. Depending on the offense, a person convicted of a sex offense may be able to be relieved from their duty to register as a sex offender.
- Tier 1: A tier 1 offense requires 10 years of registration. Tier 1 offenses are the lowest level sex offenses. These are generally misdemeanor offenses.
- Tier 2: A Tier 2 offense requires 20 years of registration. Tier 2 offenses are the middle level offenses. These are generally non-strike felonies, and some misdemeanors.
- Tier 3: A tier 3 offense still