Criminal Law Blog

What’s Happened to Crime Rates During COVID?

How are Crime Trends Changing During the Pandemic?

Every day living in the world of coronavirus, the things that are happening are almost unreal. All aspects of life are affected, including crime. As millions are self-quarantining, ordered to stay home, and advised to practice social distancing, America’s largest cities are seeing a drop in the crime rate.

As stores and restaurants close down, public spaces are no longer crowded, and public transportation is being used less, there are fewer people out and about, vulnerable to crime. Three of the largest, most populated cities, New York, Los Angeles, and Chicago report that since the pandemic changed how we operate in society, they have seen a drop in crime.

According to Dermot F Shea, New York City’s police commissioner, most crime has lessened. Burglary and assault crimes have decreased in the city by 25%. Sex crimes were also on the decline by nearly 50%.

In Los Angeles, there was also a drop in crime by 5.6% from where the crime rate was the previous year. The Mayor of Los Angeles, Eric Garcetti told CNN that what is happening in LA is that crime is going down while peoples’ generosity is increasing.

Police captain Jiff Rinaldo echoed the same trend in Buffalo, New York. As businesses closed down the crime also followed with decreased occurrences. Rinaldo explains that one reason is that much crime takes place around commerce. In the absence of commerce, crime naturally falls. Daily arrests have dropped from a normal 20 each day to 2 per day under the new coronavirus circumstances.

In Chicago, it was the same story. There were 201 arrests made on Friday a couple of weeks before everything started to shut down. The following Friday there were only 60 arrests. According to Charlie Beck, the Interim Chicago Police Superintendent, the arrest numbers are at a historic low.

What Has Happened to California Crime Trends?

In 2017, the Public Policy Institute of California (PPIC) reported that there was a rise in violent crime by 1.5%. However, the statewide rate is fairly low when compared to the crime rates of the late 1960s. In 2017, though, the property crime rate decreased by 2.1% from 2016.

The state is not homogeneous, every region has its own unique crime rates. The South Coast, for instance including Imperial, Orange, San Diego, and Ventura Counties had the lowest violent crime and the lowest property crime in 2017. San Joaquin Valley had the highest violent crime rate that year.

There were many counties, approximately 33 out of 58 had an increase in violent crime in 2017. In 19 of those counties, the rise in violent crime was extreme at over 10%.

In 26 of the 58 counties property crime decreased in 2017. In nine communities including Kern, San Luis Obispo, and Santa Barbara, there were significant decreases in the property crime rate by over 10%.

Where Can You Find A Criminal Defense Lawyer In Los Angeles?

The aggressive Los Angeles criminal defense attorneys at the Manshoory Law Group, APC are here for you when you have been arrested. It is best you do not speak with the police before you consult with an experienced California criminal defense attorney from the Manshoory Law Group, APC. Our team will build a solid defense strategy for you.

Call the Manshoory Law Group, APC at 877-977-7750 to discuss your situation with one of our resourceful Southern California violent crime defense attorneys today.

What You Need to Know About Hit-and-Run Accidents

What Is a Hit and Run Car Accident?

Hit-and-run accidents occur when a driver causes property damage or personal injury to another person or their property. Property damage extends beyond hitting another vehicle.

Damaging your neighbor’s mailbox without stopping to let them know is a hit-and-run accident. Hitting a pedestrian or cyclist and fleeing the scene is also a hit-and-run accident. Running over a stray animal is also a hit-and-run accident if the driver doesn’t stop and attempt to notify the owner.

Now that we’ve answered, “What is a hit and run accident?” let’s look at the laws and penalties for hit and run accidents.

What are the Hit and Run Laws?

In California, Vehicle Codes 20001 – 20004 describe the requirement to report accidents and the penalties for failure to report accidents as prescribed by the Vehicle Code. The code differentiates between accidents involving property damage and those involving injury or death.
Vehicle Code 20001 requires the driver to stop immediately and comply with the requirements of Vehicle Codes 20003 and 20004.

Failure to comply with the requirements of hit and run laws can result in imprisonment for up to one year unless the accident caused death or a serious and permanent injury in which case imprisonment of up to four years may be ordered upon conviction.

Vehicle Code 20001 also allows for fines between $1,000 and $10,000.

An additional sentence may be added if the person is convicted of violating Penal code §191.5 (Gross vehicular manslaughter while intoxicated) or Penal code §192 (Vehicular manslaughter).

Permanent, serious injury is defined as an injury that causes permanent loss of function or the loss of an organ. For example, an accident that requires the removal of a kidney would be considered a serious injury.

A car hit and runs require the driver to provide the other driver and law enforcement officers with their current name, address, vehicle registration number, as well as the names and addresses of injured passengers under Vehicle code 20003 and 20004. Fleeing hit-and-run accidents is one of the top DUI mistakes made by drivers.

What is the Penalty for Hit and Run Car Accidents?

Two main factors determine if the hit and run driver is charged with a misdemeanor or a felony:

• Whether the accident involves serious bodily injury or death, or
• Whether the accident occurs during the commission of a crime

If a driver flees an accident that occurs during the commission of a crime or one that causes serious injury or death, it will be a felony.

If the accident only involves property damage, the hit-and-run charges will be a misdemeanor, and additional ways to resolve the situation may be available.

Penal Code 1377 allows the driver to make a compromise and pay restitution to the party who suffered property damage after their car hit and runs from the scene if the injured party agrees to the compromise and complies with Penal Code 1378 and acknowledges that satisfaction for the injury has been received.

A felony conviction for a hit-and-run accident is a crime of moral turpitude that can have a negative effect on your ability to work in industries requiring honest behavior and on immigration status and naturalization proceedings.

Does Car Insurance Cover Hit and Run Accidents?

The answer to this question can be complicated. If you don’t carry the right type of coverage, you may not be able to recover damages.

If a driver hits your car and flees, you can file a claim to pay for the property damage to your vehicle under your collision coverage and under MedPay and Uninsured/Underinsured for bodily injury. However, you cannot file under uninsured or underinsured for property damage or bodily injury if law enforcement doesn’t determine the identity of the hit and run driver who hit you or damaged your property.

Make note of as many details as possible about the accident. Details help law enforcement find the driver who fled the scene of the accident. If you are being charged with a hit-and-run accident, contact a Los Angeles DUI lawyer to assist with your defense and explore your options.

Manshoory Law is One of the Best Criminal Defense Lawyers in Los Angeles according to Expertise.com

We are proud to be named one of the top 16 Best Criminal Defense Law Firms in Los Angeles by Expertise.com. During their review process to determine the best criminal defense lawyers in Los Angeles, Expertise.com reviewed almost 3,000 firms (2,780). They eliminated 1,106 from consideration before curating 1,674 firms and selecting the 16 best criminal defense attorneys in Los Angeles.

It means a lot for Manshoory Law Group to be included on this hand-picked list of just 16 law firms in Los Angeles. Expertise.com used twenty-five variables in their scoring process from five critical areas to determine the best law firms in Los Angeles.

Reputation

Reputation is evaluated based on the experiences of actual customers who engaged the firm’s services.

Credibility

Credibility requires a solid foundation including licensing, accreditations, and awards won by the attorney or firm.

Experience

Experienced attorneys have the upper hand when it comes to winning and settling cases and knowing when to pursue each course of action. Experience is rated on both the education, including continuing education, and actual experience.

Availability

There is nothing worse than an attorney who isn’t available when you need help. Availability also includes being approachable. Legal matters can be difficult to talk about. An attorney who makes it comfortable to disclose sensitive information with confidence can ease some of the stress of dealing with legal matters.

Professionalism

Professionalism should be a cornerstone of any law firm, but that’s not always the case so Expertise.com includes rating the firm based on the respect of clients, peers, and the bench. Attorneys must be honest and reliable to earn a reputation for professionalism.

Manshoory Law Group worked hard to earn the trust and respect of our clients that led to being named one of the top 16 law firms in Los Angeles. Our goal is to continue providing that level of service and satisfaction to every client.

Our practice areas include criminal defense for both state and federal crimes. We serve clients who speak English or Spanish. If you have been wrongly accused of a serious crime such as homicide, sex crimes, crimes against children, or drug crimes, we can help. We also handle contract fraud, theft, property damage, driving violations, and cyberstalking charges.

If you need assistance with a legal matter involving any of our areas of practice, contact us by (877) 977-7750. We will do our best for you.

How to Prepare for a Probation Violation Hearing

What is a Probation Violation Hearing?

If you are notified that you have violated probation and a hearing has been scheduled, you may be wondering, “What is a probation violation hearing?” In this article, you’ll learn what to expect and how to prepare for your hearing.

If someone who is on probation fails to adhere to the requirements of their probation, they are entitled to a hearing before their probation is officially revoked. The outcome of probation violation hearings depends on the specific circumstances of the violation, the reasons for the violation, and the probationer’s criminal history and attitude.

While on probation, almost any law you break, other than most traffic violations, can violate your probation. If you fail to keep your agreements, it is a violation of probation. Probation violations include the failure to do specific things including:

• Attend, participate in, and complete court-ordered treatments or counseling. This can include:
  
  • Drug rehabilitation programs (including AA, NA, or MADD)
  • Anger management classes
  • Domestic abuse prevention
  • Parenting classes
  • Drug/alcohol diversion
• FTA – Failure to Appear (not showing up at required hearings)
• Pay restitution to a victim and court-ordered fines or fees
• Complete required community service
• Report to your probation officer on schedule and/or not following their instructions
• Get and keep a job
• Pass drug tests
• Comply with electronic monitoring requirements
• Adhere to restrictions on contact with minors
• Comply with restraining orders

In addition to the failure to do the above things, doing certain things can violate probation:

• Possession of illegal drugs (or alcohol if it is a condition of probation)
• Being under the influence of drugs
• Arrest for DUI
• Pleading nolo contendere to another criminal charge
• Possession of a firearm (if you’re a prohibited person)
• Being in an area where illegal drug sales occur (if drug-related offender)
• Leaving the county or state without permission from your probation officer

What Happens at a Probation Violation Hearing?

There are two parts to a probation hearing. They may both occur at the same time or be separated by a period of time. During the first part, the judge considers the evidence and decides if there is probable cause to summarily revoke probation.

A summary revocation is not an official, permanent revocation. A summary revocation allows the court to take action to detain the probationer. If the probationer isn’t present, a bench warrant can be issued for their arrest.

If probation is temporarily revoked, the clock stops on the probation until the judge makes a final ruling. However, if the probationer is not detained, the restrictions attached to the conditions of their probation remain in effect.

The second part of the probation hearing process is a formal hearing and may be delayed for months if the courts’ calendar is crowded. Witnesses, who can be cross-examined just like witnesses at a trial, can be called to testify. When making the decision, the judge may also consider the probation officer’s report.

During probation hearings, the judge’s decision considers all relevant factors including past probation violations, criminal history, the type of violation, and whether the probationer is a danger to the public. Based on the evidence and the probationer’s attitude, the judge can order a variety of outcomes including:

• Formal revocation of probation. This results in the probationer being remanded into custody to serve the remainder of the sentence.
• Reinstate probation as it was
• Reinstate probation with new terms and conditions that may include
  • Fines
  • Jail time
  • Community service requirements
  • Attending specific courses
  • A requirement to find employment
  • Extending the duration of probation

What do I Need to Prepare for PVH?

If there is evidence that the violation did not occur, gather evidence to support the claim. For example, if the claim is that you did not pay restitution, bring documentation from the bank showing it was paid. If there are reasonable explanations for your actions, gather and bring any evidence that could help your case.

Dress for the hearing the way you would dress for an actual trial, clean, well-groomed, and as calm as possible.

Do I Need an Attorney?

Now that you know what happens at a probation violation hearing, you know that hiring a Los Angeles criminal defense attorney to represent you gives you the best chance of obtaining the desired outcome. If evidence exists that justifies the violation, such as a convicted drug offender being in an area where drugs are sold looking for their runaway teenage child who had been seen in the area, an attorney may be able to present the evidence in the best light.

Your attorney may be able to present evidence that will lessen the negative impact of the probation violation.

What are the Penalties for Cocaine Possession in California

What is the Drug Policy of California?

California is one of the leaders in shifting from the criminalizing of drug use to treating it as a substance abuse problem in many situations. California has legalized adult use of marijuana and reduced the penalty for cocaine possession to a misdemeanor in some situations.

Penalties for selling cocaine are larger than those for mere cocaine possession in California. Looking at the drug schedule, we see that cocaine in California is a Schedule 2 drug on the California Uniform Controlled Substances Act and the California Health and Safety Code 11350 prohibits cocaine possession in California.

What is Cocaine Possession in California?

The penalty for cocaine possession in California depends on the type of possession you’re convicted of. When you were in control of the cocaine, such as drugs found in your pocket, purse, or body cavity, you are charged with actual possession.

• If you’re not in direct control of the drugs, such as cocaine found in your vehicle, locker, or home, it is constructive possession.
• If cocaine is found in a shared space and you were aware of its presence, it is joint possession.
• If your roommate has cocaine stored in a cabinet and you’re aware of it, that’s joint possession.

Is Cocaine Possession a Felony in California?

In 2014, California voters passed a ballot initiative, Proposition 47, that changed simple possession for personal use to a misdemeanor instead of a felony. The goal was to save money prosecuting and housing drug users in prison.

The monies saved are used to prevent future drug abuse by reducing truancy and dropouts and providing drug abuse treatment options, mental health support, and other programs that focus on prevention and recovery instead of punishment.

Possession with intent to sell by certain individuals or in certain locations continues to be a felony.

What is Simple Possession and its Penalties?

Simple cocaine possession in California is possession of a small amount of cocaine for personal use. Individuals charged with simple possession are often given a variety of options as far as the penalties.

An individual with no prior record may be offered drug rehabilitation in a drug diversion program and have the arrest removed from their record if they successfully complete the rehabilitation program.

Depending on the circumstances, individuals who plead guilty may be given probation instead of jail time. Even those who have prior records for drug possession may receive short jail terms as low as a month and not more than six months. If you have your case handled in drug court, it can help you avoid incarceration. Others may be sentenced to up to three years if they have prior convictions.

A drug crime attorney can skillfully navigate the situation in an effort to reduce your risk of a harsh sentence.
Individuals with felony convictions who have prior convictions for serious felonies or those required to register on California’s sex offender registry will face more serious penalties.

Which are the Penalties for Possession of Cocaine for Sale?

Actual possession can be a possession for personal use or possession with the intent to sell. If you’re charged with possession with the intent to sell, the penalties are much harsher. California would rather crackdown on suppliers than users.

The penalty for cocaine powder with the intent to sell can result in prison sentences of 2, 3, or 4 years. Crack cocaine convictions are a year longer. The sentence may be served by combining a year in jail with two or three years in prison.

If the person being convicted has priors, the prison time may increase by three years. Egregious actions such as selling in a school zone, selling cocaine to a minor, and selling large quantities will receive harsher penalties.

If you’re charged with possession with the intent to sell, you’re not entitled to attend drug rehabilitation instead of serving time. Probation might be an option, depending on the specifics of your case and your attorney’s ability to negotiate on your behalf.

Possession with the intent to sell includes possession with the intent to give away the drug. If you buy cocaine for your spouse or friend, you’re exposing yourself to the possibility of being charged with a more serious crime.

A conviction can result in jail or prison time and quite a few professional licensing boards, from insurance to medical, may deny you a license to engage in your occupation as the result of a conviction.

How Can I Defend Against a Cocaine Possession Charge?

Skilled defense attorneys can build a case leading to the best possible outcome based on the specific charges and facts surrounding the case. If a search was involved, challenging the lawfulness of the search is one way to approach the case.

Consult with a drug crime attorney so you’ll know your options.

Holiday Crime Prevention and Safety Tips

Crime increases significantly during the holiday season. Harried shoppers are easy targets when they focus on finishing their list and forget to be cautious. Homes filled with brand new electronics and other goodies also temp thieves.

General Holiday Safety and Crime Prevention Tips

If you will be away during the holidays, protect your home with these holiday safety tips. If you have a trusted friend or family member who can house sit while you’re away, so your home isn’t empty, it’s a good idea to ask them to stay. But be sure it is someone trustworthy because they’ll have unrestricted access to your home.

Holiday crime prevention is easier today because there are more ways than ever to protect your home while you are away. Several reasonably priced systems are available that record anyone who approaches the house and allows you to interact with them over your smartphone and a speaker system. If you respond when they come to the door, they won’t think your home is unoccupied unless you’ve advertised your trip on social.

Don’t post pictures from your trip until you return. Putting lights on timers that mimic your use when you are home is another good way to make your home seem occupied while you’re away.

Of course, putting a pile of presents under the tree isn’t a smart idea either. If you’ll be away, put wrapped packages away in storage bins or in an attic or basement storage space to make it harder for thieves to run off with your presents. Make arrangements to prevent mail, holiday flyers, packages, and newspapers from piling up and alerting people who are passing by that you’re away.

Safety Tips for Holiday Shopping

The best holiday safety tips for holiday crime prevention require you to think about crime prevention before you leave home and avoid risky situations.

• • Instead of carrying a purse or a wallet, wear a vest or jacket with pockets that zip and keep your credit card and ID in the zipped pocket.
    Only carry the cards and cash you expect to use. If you have a wireless credit card, a thief can pick your pocket without touching your card unless you protect the card.

• • If you have multiple RFID cards, stacking them together can confuse the scanner but encasing them in heavy-duty tin foil wrapped around cardstock provides added protection. You can also buy an RFID shield sleeve for your cards. Keep your card in the protector and only remove it when you are actually using it. Don’t lay your card on the table at a restaurant to signal to a waitress that you’re ready for your check.

• • Another holiday safety tip is that thieves can be friendly before they victimize you. Anyone who approaches you, especially if you are alone in a parking lot, may have criminal intentions.

• • Try to shop during daylight hours and bring a friend. There’s safety in numbers.

• • If you must shop after dark, be prepared and aware before you walk to your car. Have your keys in your hand as well as any safety gear. Be alert to your surroundings. Remember where you parked. There are Apps you can use that will help you remember where you left your car. You can also make a note on your cell phone to help you remember where you parked before you leave your car.

• • If you feel uncomfortable, don’t hesitate to ask mall security to walk you to your car. It’s not silly. It’s crime prevention.

• • If you make a trip to your car to drop off your purchases, relocate your car – even if finding a parking spot isn’t easy.

• • Don’t flash money or expensive jewelry. If you’re buying something at a store that screams expensive, like jewelry or a high-end electronics store, bring another bag to put the purchase into before you walk into the mall.

• • Don’t leave valuables in your car. If you must lock them in the trunk before you park.

• • Set up alerts when your credit or debit cards are used so you’ll know immediately if unauthorized access occurs.

What to Do If You’ve Become a Victim

Hopefully, you’ve prepared for this eventuality by making a list of your credit cards and the phone numbers to call to report the theft. Call as soon as you are safely able to do so.

If you come home to discover your home has been robbed, contact a burglary attorney in California who can help you deal with the aftermath. If you are wrongfully accused of theft, you need a criminal defense attorney for a free case evaluation and consultation.

We hope these holiday safety tips keep your holidays merry.

Does a Background Check Affect Your Credit Score?

What is a Credit Score?

A credit score is a numerical representation of your credit worthiness. There are three main credit reporting bureaus that calculate and report your credit score. Potential lenders, employers, landlords, and others who you authorized to obtain a credit check use your credit score to make decisions about whether to lend you money, rent an apartment to you, or offer you a job.

Your credit background check represents your borrowing and repayment history, debt to loan ratio, income, and net worth. The number of open accounts you have and their borrowing limits also play a role it also will determine whether you will be able to get an auto loan. Even if you have not used the available credit, lenders will factor in your ability to use open lines of credit.

How long you’ve had credit accounts, whether you pay on time or pay late, or miss payments affect your score. If you have a bankruptcy, lien, repossession, or eviction it will impact your score.
At its essence, the credit score from your credit background check is a shortcut used to determine your creditworthiness.

When Will You Get a Criminal Background Check?

A credit score and a criminal background check provide different information. Criminal background checks can be done without your permission by almost anyone who is interested except employers, potential employers, creditors or landlords, and insurance companies. Someone you’ve asked on a date can run a  background check on you if they have your name and date of birth.

When an employer or other party with restricted access wants to run a background check, they must obtain your permission and disclose to you how it will be used. A credit score and background check are different reports. An employer cannot discriminate against you by running your background if they don’t run background checks on other employees.

Some states have implemented “ban-the-box” laws that prohibit potential employers from asking if you’ve been committed of a crime on the application. These laws do not prohibit background checks after you have been interviewed.

If an employer or other restricted party makes an adverse decision based on your background check, they must advise you of what was in the report. Or if an insurance company orders an investigative background check, which is one where they interview neighbors and acquaintances to learn about you, your habits, and your character, you have a right to a description of the report.

If you attempt to get a job in financial services or other occupations where you are placed in a position of trust, expect that a background check will be done. Many companies run background checks on employees who would go into customers’ homes because they can be held liable for crimes employees commit when their job gave them access to homes, businesses, and occupants who were victimized.

Insurance companies are prohibited from hiring felons unless an exception is made, which sometimes requires the state’s Commissioner of Insurance to grant an exception. Some states with this law do not have a procedure for obtaining an exception.

Together, your credit and background check provide information that determines the types of opportunities you’ll be offered.
Your criminal history, education, and other information that relates to your behavior or character, including the results of pre-employment drug tests, can be included in a background check.

Criminal cases are public records. Unlike your credit report, you do not have an expectation of privacy. However, there are restrictions on how the information in your background check can be used by potential employers, current employers, and lenders.

Will Criminal Background Affect Your Credit Score?

While your incarceration will affect your credit score if you have bills you are unable to pay while you are in jail or prison, if you are able to pay your bills while you are incarcerated, the credit score will not hint at what they’d find in your background check. When you hire the best criminal defense attorney in Los Angeles has to offer, your chances of a criminal conviction decline.

What Are the Different Types of Warrants?

What Is A Warrant?

The word “warrant” has been around for more than 600 years. It is included in the Fourth Amendment to the U.S. Constitution where the requirement for probable cause is set forth to protect citizens from unwarranted searches and seizures. As early as the 14th Century, a warrant referred to being granted permission from a superior that gave the person executing the warrant protection from blame or responsibility for the authorized actions. This definition adequately describes what a warrant means today.

The various types of warrants are written documentation that a law enforcement officer has the authority to do something that is a protected act. For example, in the United States, random searches of our homes and bodies are not allowed without probable cause. Law enforcement officers can only act without a warrant when someone is caught in the act of committing a crime or when evidence of a crime is in full view.

Different Types of Warrants

Three types of warrants are issued in California including a search warrant, arrest warrant, and bench warrant. All types of warrants require probable cause before they can be issued. Probable cause is a reasonable belief that the circumstances are as they are being presented to the judge by the DA, law enforcement, or other officials who are requesting the warrant.

Different types of warrants are used based on what is being authorized. The purpose of having a judge sign off on different kinds of warrants is to insert someone who is neutral into the decision-making process and to ensure that the search or arrest is lawful.

If the warrant authorizes a search, it is generally executed quickly. If an arrest warrant is issued for a serious crime, law enforcement will actively search for the person.

What is a Search Warrant?

Law enforcement can’t search you, your car, your home, or your business without a warrant unless you grant permission, or the search is incidental to your arrest. Only two types of warrants put you at risk of immediate arrest although a search warrant can lead to an arrest, the outcome depends on what is found during the search.

A search warrant can be issued for a variety of reasons that involve looking for evidence of a crime including possession of child pornography, stolen property, property that was used while committing a felony, and property that is evidence of a crime, or of who committed the crime, including the weapon, getaway vehicle, mask or wig, and other evidence.

They may also search for a property that is intended to be used to commit a crime. Special rules apply to property held by special classes of people including clergy, psychotherapists, attorneys, doctors to protect confidentiality and privacy requirements applicable to those occupations.
The prosecutor’s office or law enforcement requests the search warrant, but a judge or judicial officer must issue it.

Even with a valid search warrant, there are some complexities to the law that a Los Angeles warrant attorney could use to have a search that violates the rules thrown out.

What Does an Arrest Warrant Mean?

An arrest warrant authorizes law enforcement to place you under arrest because you are suspected of committing a crime. A grand jury may have reviewed the evidence and decided there is probable cause to arrest you.

It is uncommon for the person to know an arrest warrant has been issued before they are arrested. When the arrest warrant is issued, law enforcement will look for you and arrest you when they find you, whether that is at home, work, or another place. If you have minor children in your custody and no other adults are present to take care of the children, your children will be taken to Child Protective Services.

If the crime is rather minor, a letter demanding you to appear at a certain date and time may be sent instead of using law enforcement resources to hunt you down and arrest you.

What Is a Bench Warrant?

Although being the subject of all types of warrants is not desirable, a bench warrant is the best of the bunch. Generally, bench warrants are issued when someone fails to pay parking fines or appears in traffic court, commits a misdemeanor, or misses a court date including when you are subpoenaed to testify.

Once arrested, bail will be set and if you can’t come up with the bail, you’ll be held in custody until your court date. Bench warrants can be issued in civil and criminal cases.

How an Attorney Can Help?

An attorney may be able to help you with all types of warrants. There are specific rules that must be followed when the warrant is issued and others that relate to how the warrant is executed. Flaws in any step of the process can cause the warrant to fail.

If the search is deemed unlawful, the fruits of the search including evidence of your guilt can be ruled inadmissible. If statements that led to the issuance of the warrant were false, the warrant can be questioned and potentially quashed.

If you are arrested or a search warrant is issued for your property, you should immediately contact an experienced attorney to assist you.

Proposition 64 Expungement: Erasing Old Marijuana Convictions in California

Are you wondering how to erase old cannabis convictions? Now that recreational marijuana use is legal in California, individuals who were convicted in the past who want to clear marijuana charges are in luck if they don’t have convictions for serious crimes. Keep reading to learn more about the requirements to expunge records for marijuana and some other minor convictions.

Did California Expunge Marijuana Convictions?

A ballot initiative, Proposition 64, that was voted on in the November presidential election in 2016 legalized the adult recreational use of marijuana throughout California and established taxes on the billion-dollar industry.

What Does Marijuana Legalization Change?

Proposition 64 made marijuana use legal in California which ended adult arrests for legal marijuana use. But what about those who were previously convicted of a crime involving marijuana that would be legal today?

Prop. 64 allowed District Attorney to dismiss, seal, or redesignate past marijuana convictions and provide relief to hundreds of thousands of people convicted of a misdemeanor or felony for something that is now legal in California. Despite this positive change in the law, the future didn’t look that rosy for those whose past convictions have impaired their life because some prosecutors didn’t plan to devote resources to the task of going through past convictions to identify individuals who were eligible.

With up to 40,000 eligible convictions in a single county, that’s understandable because the process would have required more labor than they have available. Requesting the charges be expunged was an expensive proposition for many who are shackled with past marijuana convictions.

California County Prosecutors Erase Old Marijuana Convictions

The latest California cannabis news is more positive. A nonprofit organization out of San Francisco, Code for America, developed a program called Clear my Record that can search up to 10,000 records a minute to locate eligible marijuana convictions and is making the program available at no cost to all 58 counties to ease the labor-intensive task of identifying the appropriate records.

In addition, Assembly Bill 1793 provides greater uniformity in the way each county’s District Attorney will deal with retroactively clearing marijuana convictions. Although a prosecutor can choose to fight against overturning specific convictions, AB 1793 requires them to notify the public defender’s office and the court of any convictions for which they plan to fight against sentence reductions or expungements by July 1, 2020.

This is good news for hundreds of thousands of Californians whose lives have been hampered by marijuana convictions. Those past convictions, especially felonies, made it difficult or impossible to work in some industries, for companies with Federal contracts and for the Federal government.  A criminal conviction can make it difficult to rent a home and impossible to obtain a student loan. Some people have been convicted for life without parole due to California’s 3 strikes law as the result of marijuana-related crimes.

The war on drugs had a disparate effect on people of color and those with low incomes who tended to receive harsher charges and sentences than white people and those who had the resources to fight the charges. Although the past disruption to their lives from this treatment can’t be erased, reducing the conviction or sealing the record can help them build a better future.

Each conviction can be handled differently. They can be reduced from a felony to a misdemeanor, dismissed, or sealed. Possession with the intent to sell was a felony that is eligible to be reduced to a misdemeanor under the new law. Automation is speeding up the process and reducing the cost for most people with a prior conviction related to marijuana.

What is the Clear My Records Program?

The Clear My Records Program helps expunge records for eligible individuals so they don’t miss out on the opportunity to clear marijuana charges that may be interfering with their quality of life.

There are important benefits to individuals who qualify. If the only convictions they have been expunged, the ability to qualify for a variety of benefits will open up for them. These benefits can include student loan eligibility, the ability to cross the border into Canada or get visas for travel to many countries, and the possibility to restore their gun rights.

How Can I Have My Old Marijuana Convictions Erased?

One of four things can happen to old marijuana convictions:

• If the offense is no longer a crime, the case can be dismissed with all arrest and court records sealed.
• If the offense is now a misdemeanor instead of a felony, the conviction can be reduced to a misdemeanor.
• If the offense was a misdemeanor, it will be reduced to an infraction.
• Nothing, if one of the exceptions applies to you. The exceptions include prior convictions of serious and violent crimes such as rape, child molestation, identity theft, or a crime that makes you a registered sex offender.

Additional outcomes may include:

• If you are currently incarcerated, a sentence reduction may result in your release.
• If you are on probation, it may be terminated.

The process can be simple or complicated depending upon whether there was more than one conviction, what the conviction was, and where the conviction occurred.

The process requires you to provide a reclassification packet with copies of your criminal record to the DA’s office and the Superior Court in each county where you were convicted. Counties may impose additional requirements such as requiring you to appear in person when you file the reclassification packet, additional paperwork, or a hearing.

Prop. 47 also provides relief for some other crimes by reclassifying the financial cut-off for felonies to over $950 for crimes including shoplifting, forgery, and receiving stolen property which makes such crimes eligible for reclassification to misdemeanors.

Which Convictions Can Be Dismissed and Sealed?

Health and safety code violations §11361.1(a)(1), § 11362.1(a)(2), 11362.1(a)(3), 11362.1(a)(4), 11357(b)(2), and 11362.1(a)(5).

These involve:

• 28.5 grams or less of marijuana for personal use and gifts
• Transfer to other adults of 4 grams or less of concentrated cannabis
• Smoking cannabis
• Crimes involving the use of, gifting of, or sale of accessories
• Growing and the harvest of six or fewer living marijuana plants

What Felonies Cannot be Expunged in California?

Health and Safety Codes §11357(b)(2), §11358(c), § 11359(b), and §11360(a)(2) are eligible unless the exceptions noted above apply, or the offense involved a minor or violated specified environmental laws during the commission of the crime that makes it punishable under Penal Code, §1170(h).

Eligible convictions include:

• Possession, giving away, or transport of more than 28.5 grams of marijuana or 4 grams of concentrated cannabis
• Planting, cultivating, harvesting, drying, or processing of more than six marijuana plants
• Possession with the intent to sell

Do You Need an Attorney?

While it is possible to handle it yourself, preparing the reclassification packet can be complicated, especially if there is more than one clear-cut conviction in more than one county or there are other convictions. An attorney can also speed up the process as local DAs don’t have to decide which petitions to challenge until July of 2020.

If problems occur or your petition is denied, an attorney can help with the hearing.