Blog Posts in Post Conviction Relief

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  • Post-Conviction Relief! Penal Code § 243(e)(1) “Domestic Battery” Misdemeanor Arrest Sealed Per Penal Code section 851.91!
    Post-Conviction Relief! Penal Code § 243(e)(1) “Domestic Battery” Misdemeanor Arrest Sealed Per Penal Code section 851.91!

    Our client was arrested in March of 1986 for an alleged violation of Penal Code section 243(e)(1), “Domestic Battery.” However, our client was never formally charged with this offense and no ...

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  • New Appellate Court Opinion Analyses Whether a Petitioner is Eligible to Have His Record of Arrest Sealed Per Penal Code section 851.91 After a Dismissal of His Case Pursuant to Penal Code section 1203.4!
    New Appellate Court Opinion Analyses Whether a Petitioner is Eligible to Have His Record of Arrest Sealed Per Penal Code section 851.91 After a Dismissal of His Case Pursuant to Penal Code section 1203.4!

    Today, the Appellate Court Certified for Publication an Opinion analyzing whether a Petitioner is eligible to have his record of arrest sealed pursuant to recently enacted Penal Code section 851.91 ...

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  • Post-Conviction Relief! Penal Code § 273.5(a) “Domestic Violence” Misdemeanor Offense Vacated Per Penal Code § 1473.7 Motion and Charge Renegotiated to an Immigration Neutral Plea!
    Post-Conviction Relief! Penal Code § 273.5(a) “Domestic Violence” Misdemeanor Offense Vacated Per Penal Code § 1473.7 Motion and Charge Renegotiated to an Immigration Neutral Plea!

    Recently, in San Bernardino County at the San Bernardino Courthouse our office successfully litigated a highly-contested Penal Code § 1473.7 motion to vacate a plea arguing that our client failed to ...

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  • NEW Appellate Opinion Analyzing Penal Code section 1473.7
    NEW Appellate Opinion Analyzing Penal Code section 1473.7

    On June 5, 2020, the California Court of Appeal, Second Appellate District, certified for publication a new appellate opinion analyzing issues pertaining to Penal Code section 1473.7, in People v. ...

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  • Under 21 Driving Under the Influence One-Year Driving Privilege Suspension – Obtaining a “Critical Need to Drive” License
    Under 21 Driving Under the Influence One-Year Driving Privilege Suspension – Obtaining a “Critical Need to Drive” License

    In California it is unlawful for a person under the age of 21 years of age to drive a motor vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by either a preliminary ...

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  • Can a Person Subject to Penal Code section 290 “Sex Offender Registration” Enter a Park in California?
    Can a Person Subject to Penal Code section 290 “Sex Offender Registration” Enter a Park in California?

    A person convicted of an offense requiring “Sex Offender Registration” pursuant to Penal Code section 290 and the “Sex Offender Registration Act” is subject to many restrictions for the remainder of ...

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