Record sealing is valuable for individuals seeking a fresh start after a criminal conviction. California has implemented Clean Slate laws to help individuals with criminal records reintegrate into society. These laws automate the process of sealing certain criminal records to remove barriers to employment, housing, and other opportunities.
Passed in 2019, AB 1076 requires the automatic sealing of arrest and conviction records for eligible individuals. This includes people arrested but not convicted and those who have completed their sentences and remained crime-free for a specified period. Arrest records for individuals who were not charged or whose charges were dismissed are automatically sealed. Also, the conviction records for individuals who have completed their sentence, including probation, and have not committed any new crimes for a certain period (typically one year for misdemeanors and three years for felonies) are sealed.
The California Department of Justice identifies eligible individuals and initiates the automatic record-sealing process. This is done using an automated system that cross-references criminal records with eligibility criteria.
Implemented on July 1, 2023, Senate Bill 731 builds upon the progress made by AB 1076 by extending automatic record sealing to misdemeanor, non-violent felonies, and non-sex offenses that did result in incarceration, provided the defendant served their time and has no new offenses for a specified period. It also extends automatic sealing to many domestic violence offenses. This bill increased the number of Californians eligible to automatically have their records sealed.
Under California's current laws, criminal records of those charged and convicted of eligible offenses can be automatically sealed once specific criteria have been met.
In California, specific misdemeanor offenses are eligible for automatic record sealing to help individuals overcome their criminal records' negative impact. Misdemeanor arrests that do not result in charges are sealed immediately following the arrest, ensuring that individuals are not penalized for incidents that did not lead to formal accusations. Similarly, misdemeanor arrests with no resulting conviction are sealed immediately after the case is dismissed, allowing individuals to move forward without the burden of a criminal record promptly. For those convicted of misdemeanors and placed on probation, records are sealed immediately upon completing probation, rewarding compliance and rehabilitation. Lastly, individuals who serve jail time for misdemeanor offenses have their records sealed one year after release, provided they have no further arrests, enabling them to reintegrate into society with a clean slate and pursue opportunities free from the constraints of their past.
Certain felony offenses in California are eligible for record sealing under Clean Slate laws, providing significant relief for those affected. Felony arrests that do not result in charges are sealed three years after the arrest, offering individuals a pathway to clear their records if no formal accusations are made. Felony arrests that do not lead to convictions are sealed immediately upon the case's dismissal, allowing individuals to move past the incident swiftly. For those who receive probation for felony convictions, their records are sealed immediately upon completing probation, promoting rehabilitation and compliance. Additionally, individuals who serve prison time for felony offenses can have their records sealed four years after their release, provided they have no further arrests, facilitating their reintegration into society and enabling them to pursue new opportunities without the weight of their past convictions.
Criminal records in California are automatically sealed. Once sealed, potential employers, landlords, and others cannot access your criminal records, and you are legally allowed to state that you have not been arrested or convicted of a crime. However, exceptions exist for certain situations, such as background checks for jobs in education, law enforcement, or public office, where criminal records remain visible. Additionally, sealing your record does not automatically restore your right to possess a firearm.
California law does not allow for the record sealing of those convicted of violent or severe felonies or crimes resulting in sex offender registration.
Sealed records are still accessible to law enforcement and can be used in subsequent criminal investigations or prosecutions. Government agencies may also access sealed records for specific purposes, such as employment background checks for security clearance positions.
Licensing boards for professions such as law, medicine, and teaching may still have access to sealed records when evaluating applicants.
Sealed records may still impact immigration status and decisions, as immigration authorities can access sealed criminal records.
Information that was publicly disclosed before the sealing order may still be available through other means, such as news reports or online databases.
Sealed records can be unsealed and used in future legal proceedings if deemed relevant by the court.
Do you have questions about record sealing or other options for clearing your record in California? At Hurwitz Law Group, we provide clear, straightforward answers to all your questions about clearing criminal records. Whether you're unsure about eligibility, need help understanding the process, or want to explore your options, our knowledgeable team is here to help. We offer personalized consultations to assess your situation and recommend the best path forward. Don't let past mistakes hold you back. Take the first step towards a clean record and a brighter future. Contact Hurwitz Law Group today at 323-310-9677 to schedule your free consultation and get the answers you need.
Theft, robbery, and burglary are three different crimes under California law, and a conviction for any of these offenses could put someone behind bars. If you are charged with robbery, burglary, or theft – now or in the future – arrange at once to speak with a Los Angeles theft attorney.
How are theft, robbery, and burglary defined by the law in this state? What makes these crimes distinct from one another? How are convictions for these crimes penalized? And how will a Los Angeles burglary lawyer help you if you are charged with one of these crimes?
Theft (called “larceny” in California) is categorized as grand larceny or petty larceny hinging on the nature and value of whatever has been stolen. You may also be charged with larceny for failing to return rented or borrowed items like a rental car or even books from a public library.
The charge is grand larceny, a felony, if the stolen property’s value exceeds $950 or if the stolen item is a firearm, an automobile, an animal, or particular agricultural or food items valued in excess of $250.
In most cases, a theft or larceny conviction can put a defendant behind bars for up to three years if the crime is charged as a felony. If the charge is a misdemeanor, a conviction may be penalized with up to a year in a county jail.
Larceny is theft, but burglary and robbery are offenses that add a second element to a theft. Generally, a robber steals by using some type of force, while a burglar operates by breaking in or sneaking into a home, business, or vehicle.
Burglary occurs when someone enters a structure with the intent to steal once inside. Merely entering a home, business, or vehicle with the intent to steal is sufficient to convict a defendant of burglary. Actually stealing something is not required in order to convict someone of burglary.
First-degree or “residential” burglary is a felony in California. A conviction may be penalized with a number of years in prison and/or a costly fine. Second-degree burglary (also called “commercial” burglary) is a burglary of any structure that isn’t a residence.
A second-degree burglary may be charged, at a prosecutor’s discretion, as a misdemeanor or as a felony. A second-degree burglary felony conviction may be penalized with a lengthy prison sentence, and a misdemeanor burglary conviction may be penalized with a shorter jail sentence.
Because it involves force or the threat of force and puts the public at risk, robbery is a felony in this state. California law defines robbery as the “taking of personal property . . . by means of force or fear.”
First-degree robbery is a robbery committed inside an inhabited structure, the robbery of someone who has used an ATM and is still near that ATM, or the robbery of a passenger or driver on or in a subway, bus, cable car, taxi, streetcar, or some other public transportation.
A first-degree robbery conviction can send the offender to state prison for up to nine years. All other robberies in California – except for carjackings – are second-degree robberies. A second-degree robbery conviction can send an offender to state prison for as long as five years.
If a person steals a parked vehicle from a garage, a parking lot, a driveway, or the street, it’s grand larceny. However, if a person steals a vehicle directly from its driver or owner by using force or intimidation, the charge is carjacking.
Carjacking defendants may be charged and prosecuted under this state’s specific carjacking statute. A carjacking conviction in California may be penalized with up to nine years in a state prison.
In California, possessing stolen property may be charged as either a felony or a misdemeanor. A felony conviction for the possession of stolen property can put a defendant in prison for up to three years. A misdemeanor conviction can send the defendant to jail for up to a year.
Could you be arrested and wrongly charged with burglary, theft, robbery, carjacking, or the possession of stolen property? It happens frequently in California. You may have believed the allegedly stolen item was in fact yours.
You could be wrongly identified as a thief, carjacker, or shoplifter by a mistaken witness. And in some cases, a theft, burglary, robbery, or carjacking charge against you could be completely fabricated. In any of these scenarios, you must contact a Los Angeles theft attorney at once.
Before you can be convicted of a burglary or a theft, a California prosecutor must prove that you are guilty beyond a reasonable doubt. Never decide to be your own lawyer. Too much is at stake. You must be represented and advised by an experienced Southern California defense attorney.
But with so many criminal defense attorneys in Southern California, how can you locate an attorney who will make your case the highest priority, protect your rights aggressively, and defend you effectively while bringing your case to its best possible outcome?
If you are charged with committing a robbery, a theft, or a burglary, contact Hurwitz Law Group as quickly as possible. Los Angeles burglary lawyer Brian Hurwitz is an award-winning defense attorney who has built a reputation for superlative client service and legal excellence.
Attorney Brian Hurwitz will review the details of your case and prepare an appropriate and effective defense strategy. He will move to have the criminal charge dismissed or dropped, to negotiate a plea deal you can live with, or to win your acquittal at trial.
We provide affordable legal fees and several payment plans as well as no-cost initial telephone consultations to prospective clients. If you are accused of theft, burglary, or robbery in the Los Angeles area, now or in the future, promptly contact Hurwitz Law Group at 323-310-9677.
If you’re taken into custody and charged with DUI (driving under the influence) in or near Los Angeles, a Los Angeles DUI attorney will examine the details of your case, offer legal advice and defense representation, and bring your DUI case to its best possible conclusion.
Alcohol is not the only intoxicant that can prompt a driving under the influence charge. If you use any drug or substance that intoxicates you, and you subsequently get behind the wheel and start driving, you can be arrested and charged with DUID – driving under the influence of drugs.
DUID charges are more complicated than alcohol-related DUI charges because there is no precise “legal limit” in California for substances other than alcohol. You may not legally drive with a blood alcohol concentration (BAC) level of 0.08 percent or higher, but after someone consumes another drug, how high is too high to drive? There is no easy answer.
In some states, drivers in fatal crashes are not even tested for drugs other than alcohol, and a positive test for marijuana is no proof of impairment. THC (tetrahydrocannabinol), marijuana’s active ingredient, may remain in the system for weeks, long after intoxication has faded.
Thus, when a California police officer stops a driver in traffic, if that police officer suspects that the driver is under the influence of drugs, instead of administering a breathalyzer test, the officer may summon a Drug Recognition Evaluator (DRE) to the location.
DREs are law enforcement officers who’ve been trained to recognize motorists impaired by drugs. If a Drug Recognition Evaluator believes a driver is impaired, that driver will be taken into police custody, and he or she will be charged with driving under the influence of drugs.
If a DUID case goes to trial in Southern California, the DRE will testify, and the suspect will need to be defended by a Los Angeles DUI lawyer. Do not try to act as your own attorney if you are charged with DUID. The law is too complicated, and too much will be at stake.
In a typical California DUID prosecution, the state’s case will rely on evidence that includes a field sobriety test, the testimony of the arresting officer and/or the Drug Recognition Evaluator, and the defendant’s blood test results. The most common defenses in DUID cases are:
If there is no way to have a DUID charge against you dismissed, and if you believe you are innocent, insist on your right to a jury trial. Your Los Angeles DUI attorney will take your case to court, explain to the jurors what actually happened, and ask those jurors to find you not guilty.
However, in some DUID cases, the evidence against you will be overwhelming, and your conviction will be inevitable. In such cases, your Los Angeles DUI lawyer may negotiate for the best possible plea agreement and for reduced or alternative sentencing.
In California, the penalties for a first DUID conviction are the same as the penalties for a first DUI conviction. In addition to the considerable financial costs, a first DUID conviction may be penalized with a jail sentence, probation, and a driver’s license suspension.
If it’s your first criminal offense, a DUID conviction also creates a criminal record. Your auto insurance rates may increase significantly, and if you drive for a living, you may have to find another line of employment. In other words, you very much want to avoid a DUID conviction.
In every state, if you’re convicted of driving while under the influence of marijuana, the penalties will depend on the details and the circumstances of your case, the specific DWI or DUI laws in your state, your prior criminal convictions, if any, and possibly other factors as well.
Of course, marijuana is not the only drug raising concerns about public safety in this state. Drivers in California have been arrested while driving under the influence of cocaine, heroin, methamphetamine, PCP, and even LSD.
More obscure street drugs with names like “spice” and “bath salts” can have unpredictable and dangerous effects. Many legal prescription pharmaceuticals and over-the-counter medicines can also impair someone’s driving ability.
Motorists who are high on cocaine or methamphetamines may be careless, antagonistic drivers. Sedatives may cause fatigue or dizziness. Drugged driving is increasing, and it’s a growing risk for everyone who uses California’s streets and highways.
If the police stop you while you’re driving, be cooperative and friendly, but be smart, too. If you’re asked questions after you’ve shown the officer your license, registration, and insurance card, you may politely say something like, “I prefer to exercise my legal right to remain silent.”
You should always obey a law enforcement officer’s orders, but never consent verbally to a search of your vehicle, and never physically resist the police. Cooperate, but politely insist on your rights.
If you are placed under arrest for DUID, you must contact a DUI defense lawyer immediately. However, with thousands of lawyers in Southern California, how can you identify a DUI defense attorney who will prioritize your case and fight effectively for the justice you need?
Los Angeles criminal defense attorney Brian Hurwitz leads the experienced team of legal professionals at Hurwitz Law Group. He will examine the evidence in your case and develop an aggressive strategy for your defense. He will move to have your DUID or DUI charge dropped or dismissed, negotiate a reasonable plea agreement, or advocate at trial for your acquittal.
Hurwitz Law Group offers affordable payment plans, and we provide free and confidential telephone consultations to prospective clients. If you’re charged with DUI or DUID in or near the Los Angeles area, contact Hurwitz Law Group immediately by calling 323-747-7484.
How do judges determine sentences for convicted offenders in the State of California? If you are convicted of a crime in Southern California, you must be represented by a Los Angeles criminal defense attorney who will advocate aggressively on your behalf for lenient sentencing.
If you are charged with a crime, you must have a lawyer’s help immediately. While the goal of your Los Angeles criminal defense lawyer is to avoid your conviction, sometimes your best defense is for your lawyer to argue that you should receive the lightest possible sentence.
How are sentences determined in criminal cases in California? What factors do judges in this state take into account? How much discretion does a judge in California have when it comes to sentencing a convicted criminal offender?
When the law requires a specific sentence for a criminal conviction and gives the judge little or no say about the sentence, it’s called “determinate” sentencing. “Indeterminate” sentencing provides a range of penalties and gives a judge the freedom to order a sentence within that range.
The sentencing process in California criminal cases is the same whether a defendant enters a guilty plea or is found guilty by a trial jury. A judge imposes a sentence with an order that is called a “judgment.”
Sentences are not imposed immediately after a conviction. Both the prosecution and the defense may request a sentencing hearing, where each side argues for or against a reduced or alternative sentence. A prosecutor may even argue for a sentence that is harsher than the standard penalties.
A sentencing hearing in California is similar to a trial, except that a defendant has fewer rights after a conviction. This means that the rules of evidence are looser in a sentencing hearing, and evidence that was not available for the trial may be introduced.
This often happens in DUI cases, for example. Prosecutors may not mention a defendant’s prior DUI convictions during a trial, but these convictions are admissible in a sentencing hearing. The rules judges must follow depend on whether the charge is a felony or a misdemeanor.
Most misdemeanor convictions require indeterminate sentences, but felony convictions in California typically offer three possible determined sentences known as low, mid, and high terms.
In California felony cases, a judge may select any of the three terms or options, although the usual sentence in felony cases is the mid-term sentence. Judges must write judgment orders that provide the reasoning behind their sentencing choices.
Judges in California may consider aggravating and mitigating circumstances during their decision-making process. The factors that a judge may take into account include but are not limited to:
A prior conviction, a strike under the three-strikes law, and enhancement penalties written into specific laws are automatically considered aggravating circumstances. A judge has the discretion to disregard these factors but must provide written reasons if these factors are disregarded.
When someone is convicted of two or more crimes, a judge must determine if the sentences are to be served consecutively or concurrently. With concurrent sentencing, the sentences are served simultaneously, reducing the offender’s time in jail or prison.
When a court orders consecutive sentencing, an offender must finish one sentence completely before beginning the next sentence. If an offender is sentenced to three five-year consecutive sentences, the result is fifteen total years in prison.
California law sets forth guidelines for judges who are making these decisions. If a defendant is convicted of different charges in different courts, the judge who rules last makes the decision about whether the sentences are served consecutively or concurrently.
However, under California law, unless a judge specifically orders consecutive sentences, multiple sentences will be served concurrently.
Convicted offenders have fewer rights in a California sentencing hearing than they had at trial, but these rights ensure that convicted offenders are treated fairly. An offender’s rights in a sentencing hearing include the right:
Even if you have been convicted of one or more criminal offenses, the right Los Angeles criminal defense lawyer can often make the difference between a severe sentence and a more lenient sentence.
And even when determinate sentencing is required, a judge usually retains substantial discretion regarding sentences. If you’ve been convicted, your Los Angeles criminal defense attorney will act to persuade the judge that reduced or alternative sentencing is appropriate in your own case.
But with so many criminal defense attorneys practicing in Southern California, how can you locate a defense attorney who will make your case a priority and fight aggressively and effectively on your behalf?
There is no need to conduct an extensive search for the right criminal defense lawyer. Attorney Brian Hurwitz at Hurwitz Law Group is an experienced, award-winning Southern California criminal defense attorney who will fight effectively for the justice you need.
If you are charged with a crime in Southern California, attorney Brian Hurwitz will review the evidence and develop an appropriate defense strategy. If the charge cannot be dropped or dismissed, he will negotiate for an acceptable plea bargain or argue at trial for your acquittal.
Our fees are affordable and we offer several payment options. We also provide confidential, no-cost telephone consultations to prospective clients. If you are charged with a crime in the Los Angeles area, now or in the future, contact Hurwitz Law Group at once by calling 323-767-0462.
California has always been a forward-thinking state. California led the pack when it came to medical marijuana. California was the first state to legalize medical marijuana, making it legal for medical use all the way back in 1996 with Proposition 215, known as the "Compassionate Use Act."
California went on to legalize the recreational use of marijuana in 2016. There are still specific laws that govern both the recreational use of marijuana and the medical use of marijuana. To confuse things even further, marijuana is still considered illegal by the United States federal government.
It is understandable if it is already hard to understand the differences between medical and recreational use of marijuana and where it all falls when it comes to the federal scope.
California legalized the recreational use of medical marijuana in 2016, 20 years after the state legalized medical marijuana.
You may be wondering what the laws are when it comes to the legalization of recreational use. Broadly speaking, it is legal for anyone in California to purchase, possess, and use marijuana.
It is illegal to smoke marijuana anywhere where it is illegal to smoke tobacco. This means it is illegal to smoke marijuana in all government and private workplaces. It is also illegal to smoke it inside public schools, restaurants, bars, casinos, stores, or recreational facilities. Furthermore, it is illegal to smoke marijuana within 1,000 feet of a school or daycare center while children are present.
When it comes to rental properties, it is left to the property owner's discretion whether they would like to ban the use of marijuana in their properties. This is the same for hotel rentals. If you are unsure, ask the hotel ahead of time to avoid any surprise charges or issues.
It is illegal for a driver or passenger of a vehicle to possess an open container of marijuana. The safe and legal way to transport marijuana in a moving vehicle is in a sealed container. If the container has already been opened, then it must be stored in the trunk of the vehicle or somewhere else passengers of the vehicle are not. It can not be stored in a glovebox.
Anyone in California may grow up to six cannabis plants in their home as long as they are 21 years of age or older. It is pivotal to check any local city or county guidelines to ensure the legality of growing cannabis in your home.
Speaking of city and county laws, different cities and counties may have stricter laws about marijuana than the state as a whole. City and county website will have their laws regarding marijuana listed on their government websites. It is important to study these laws as ignorance is not a good enough defense when illegally possessing marijuana.
A person can legally possess up to 28.5 g of marijuana flower, 8 g of hash and concentrates, and cultivate up to six plants.
After California passed its recreational marijuana laws, its legislature also passed the "Medical and Adult-Use Cannabis Regulation and Safety Act.” This new legislation created a combined regulatory body for both medical and recreational marijuana. These rules regulate the for-profit cultivation, production, sale, and dispensary of marijuana. These rules largely do not affect individuals.
Because both medical and recreational marijuana are governed by a single set of rules in California, there are only a few differences in regard to medical and recreational use laws in California.
Medical marijuana card ID card holders are exempt from paying taxes when purchasing marijuana products.
A person who has been prescribed marijuana as a treatment for a medical condition will learn the amounts they are allowed to purchase, possess, or grow. This means there are no set limits. Instead, the prescribing doctor will set the limits with the stipulation that the amount must be "consistent with the patient's needs."
Medical marijuana cards are optional in the state of California now that marijuana can be sold for recreational use. However, it can still be helpful for patients who rely on it for treatment.
The only thing needed to be given a medical marijuana ID card is a doctor's recommendation. Cards are issued by the county Department of Public Health with a $100 annual recurring fee.
Marijuana can be purchased from any retailer possessing a license from the Department of Cannabis Control (DCC). This helps ensure all products are tested, THC and CBD levels are accurately labeled and prevents the sale of marijuana products to minors.
Lawmakers passed legislation AB 2188 in 2022. This is a set of laws that protect people who may use marijuana.
According to AB 2188, "it is unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person if the discrimination is based upon the person's use of cannabis off the job and away from the workplace."
This law will not take effect until September 1, 2024, in order to give employers the opportunity to enact and change their policies regarding marijuana.
California is a forward-thinking state with the longest standing medical marijuana laws and legal recreational use. That does not mean there will never be conflict surrounding the use of marijuana, whether recreationally or for medical reasons.
If you have been unfairly targeted for the legal use of marijuana, call the office of Hurwitz Law Group at 323-310-9677 to schedule a free consultation. The skilled lawyers of Hurwitz Lawgroup are experienced with California's intricate marijuana laws and can ensure your rights are protected.
Put simply, a restraining order is a civil, legal document that prevents one party from harming, contacting, or harassing another party. This document may contain court-issued mandates that limit proximity, contact, and communication. The purpose of a restraining order is to protect the issuing party.
Restraining orders may be issued to ensure the safety and protection of any person facing abuse through physical or financial harm, harassment, or threats. Any petitioner under the age of 16 years old typically requires a guardian to file on their behalf. Once a court reviews the evidence and establishes a history of real, perceived, or threats of abuse, the abuser is served a copy of the protective order. At that point, the abuser will be legally required to adhere to the restrictions of the order.
Knowing which type of restraining order is needed for a specific situation is crucial. Listed below are the types of restraining orders and the function of each type.
A domestic violence protection order can be against a current or previous romantic partner, including a spouse or domestic partner. If a petitioner is 12 years of age or older, he or she may ask for an order on their own and without parental permission. Domestic violence also applies to relatives and can be granted against a person who has abused you, your children, or your pets. This type of order can include:
A civil harassment restraining order is against a person who is not related to the petitioning party and whom that party has never had an intimate relationship with. This can be a neighbor, landlord, or co-worker. If a petitioner is 12 years of age or older, he or she may ask for an order on their own and without parental permission. This type of order can include:
No contact
Not harassing, stalking, threatening, or harming people protected by the order
Staying away by a specified distance
Not owning or possessing firearms or ammunition
An elder abuse restraining order can be granted against someone abusing or neglecting an elderly or dependent adult. This abuse can be emotional, physical, or financial and can include restricting access to money or basic needs, isolating from family or friends, or depriving someone of food or medicine. Any adult who is 65 years of age or older or a dependent adult can ask for protection for themselves. Others may ask on the victim's behalf if that person is the conservator or trustee, a representative of the county adult protective services agency, or their attorney or guardian ad litem. This type of order can include:
A gun violence restraining order can stop a person from having, owning, or buying any firearms, firearm parts, magazines, or ammunition. Only certain people may ask for this type of order, including:
An employer may request a workplace violence restraining order to protect one or more employees from abuse at the workplace. Abuse may include threats of violence received in person, over the phone, by mail, or online. This can also mean following or stalking an employee to or from work or during work hours. An employer may ask for the protection of an abused employee, other employees who may be in danger, and the family or household members of employees. This type of order can include:
A school violence restraining order can be issued against a person who has been violent or has made credible threats of violence against one or more students of a private postsecondary school. This order may only be granted if the threat is for an act that would likely take place on the school campus, regardless of whether the threat was made by a person who was not physically on the school campus.
The abused or threatened student must give written consent, and then only the top school official or safety officer may apply. This type of order can include:
Protection orders offer peace of mind for a variety of situations. Choose further peace of mind by letting Hurwitz Law Group handle your case. Call today at 323-310-9677 or fill out a contact form for a free consultation.
A plea bargain, often called a plea deal or plea agreement, is a legal process involving the defendant, the defending attorney, the prosecuting attorney, and a judge. Plea bargains exist in criminal courts, not civil courts. A civil court has something similar, known as a plea deal, where the two parties agree to a settlement.
A plea bargain may be offered when the government has a strong case against the defendant.
Plea bargains may benefit both the defending and prosecuting party, with some caveats, of course.
Prosecutors tend to face a packed schedule, burdened with heavy workloads and limited resources. If the defending party accepts a plea bargain, this is one less case the prosecuting attorney will need to prepare for and carry out.
Prosecutors care about their stats. They are seeking a successful trial, and if a defendant accepts a plea agreement, then the trial is considered a win. A plea bargain can help ensure there is no risk of a trial loss.
Likewise, the judicial system is just as burdened with caseloads. When a prosecutor can offer a bargain tempting enough for the defendant to accept, this lessens the workload for the court system. A defendant who confesses to a crime does not need a criminal trial.
A defendant may see several benefits to accepting a plea bargain. When a defendant can not afford bail, they may have to stay in jail for the weeks or months leading to their trial. Even when the case finally reaches the courtroom, the defendant will still remain in jail for the duration of the trial. If the prosecutor offers a plea bargain with a reduced charge and a lighter possible sentence, the defendant may see this as their way out of jail.
A defendant who holds a professional license, perhaps an accountant, healthcare professional, or a commercial driver, may be afraid of losing their license. Many professional licenses can be revoked if an individual holding the license receives a felony conviction. Depending on the crime, a prosecutor may not only be aware of the defendant's professional license but may use that knowledge when offering a plea bargain. Offering to remove a felony charge, offering a lesser charge, like a misdemeanor, in exchange for a guilty plea can be tempting for a professional not wanting to lose their license.
Like prosecutors and court systems, defendants have limited time and resources, as well. A defendant may see it as a benefit to plea guilty in order to avoid a spendy, time-consuming criminal trial. The defendant will still be responsible for any fees they incur as a result of their crime, but a plea bargain can lessen the financial impact on the defendant.
Let's be honest: a criminal charge of any sort is stressful. When facing a criminal charge, the defendant can be worried about their financial situation, social reputation, losing their licenses, losing time with their family, and waiting to find out if they may lose their freedoms. A defendant may accept a plea bargain in order to minimize these stressors. Someone who accepts a plea bargain and receives a lesser charge may face fewer repercussions to their social standing. They can maybe maintain some of their reputation in the public eye as someone with a misdemeanor rather than a felony. They miss less time at work, which can limit the impact on their family life.
Plea bargaining is the primary method through which judges, prosecutors, and defense attorneys cooperate, working towards their individual and collective goals. A good plea bargain should benefit both the prosecutor, the defendant, and the criminal justice system.
Plea bargaining happens after the suspected crime, after the arrest procedures, but before a criminal trial. At this point, the defendant has been charged with a crime but not convicted of a crime. A conviction requires a criminal court trial, something prosecutors are usually trying to avoid in the form of a plea agreement.
Both the defending party and the prosecuting party may initiate negotiations over a proposed plea bargain. Both parties must agree upon a plea agreement before one comes to pass.
The process of negotiating a plea bargain is a private endeavor between the prosecuting and defending parties. While some laws are changing when it comes to victim's rights when it comes to plea bargaining, the state of California does not have laws in place for victims of crimes when it comes to plea bargain negotiations, except for the right to be timely informed of a plea bargain.
Part of the plea bargain negotiation obviously pertains to the defendant's fate. The prosecutor has many tools in their kit when it comes to creating an enticing bargain, from seeking a lesser conviction, dropping a collection of charges for the guilty plea of a specific charge, or with the prosecutor recommending a more lenient sentence. It is important to be aware that the Judge is not required to accept the prosecutor's suggestion of leniency.
Plea bargains are often subject to the approval of the court.
If someone is facing a criminal charge, they need an attorney. A talented defense attorney is there to help the defendant understand the criminal court process. It can be harder for a defendant to understand the legal consequences of accepting or denying a plea agreement, leading to a more expensive outcome with harsher punishments.
If you are facing a criminal offense, please call the law office of Hurwitz Law Group at 323-310-9677 to schedule a free and confidential consultation.
Navigating the complex landscape of DUI laws can be an overwhelming experience, particularly when you're grappling with the emotional and financial strain of an arrest. One of the initial inquiries that may arise in your mind is whether you are facing a misdemeanor charge or a felony. For example, is a DUI a felony in California? Understanding the specifics of your charges is the cornerstone for mounting an effective defense and protecting your rights.
There are certain situations where a DUI is a misdemeanor, but there are other situations where it might be considered a felony. At the Hurwitz Law Group, we always put your needs first, and we will make sure that you understand your rights and have all the information necessary to make sure you can mount the strongest possible defense.
California has stern Driving Under the Influence (DUI) laws designed to keep roads safe by deterring drivers from driving a vehicle while compromised by alcohol, drugs, or both. The laws governing DUI offenses in California are detailed under Vehicle Code 23152.
The law generally defines DUI as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or more, operating a vehicle while impaired by drugs, or driving under the combined influence of alcohol and drugs. However, the law has lower BAC thresholds for certain categories of drivers, such as commercial drivers or drivers under the age of 21.
The charges you may face for a DUI offense can vary from a misdemeanor to a felony, hinging on various circumstances. For instance, a DUI charge may be elevated to a felony if it is a repeat offense, caused injury or death, or involved certain other aggravating factors. Understanding the distinction between misdemeanor and felony DUI charges is crucial in assessing the potential penalties and deciding how to best handle your case. We will ensure you understand the charges you face before moving forward.
DUI offenses in California can be categorized in many ways, but the first way they are divided is between misdemeanors and felonies.
In California, a first, second, or third DUI offense within ten years is generally classified as a misdemeanor as long as the offense did not involve any aggravating factors such as injury or death.
A misdemeanor DUI offense might sound less serious than a felony, but it still carries significant penalties, including fines, probation, mandatory alcohol education programs, and potential jail time. A misdemeanor DUI conviction can also lead to a suspended driver's license and can significantly increase your auto insurance rates.
Be mindful that the exact penalties you will face will still depend on the circumstances surrounding your DUI and whether you have had prior DUI convictions.
Certain circumstances can elevate a DUI from a misdemeanor to a felony offense, carrying much steeper consequences. These circumstances could include having multiple DUI convictions within a specific period, causing bodily harm or death while driving under the influence, or other specific factors that increase the seriousness of the offense.
If you have already had three DUI offenses within ten years, the next DUI will be charged as a felony. In addition, if you seriously injure or kill someone under the influence of alcohol, your charges could be elevated to a felony.
Felony DUI convictions carry much more serious punishments, such as longer prison terms and steeper fines. Your driving privileges will probably be suspended for a much lengthier period of time, and you may also lose the right to vote. Therefore, it is critical for you to reach out to us as promptly as possible to schedule a case consultation.
There are numerous ways that a DUI can be charged as a felony in California. They include:
If you've already been convicted of three DUI offenses within the past ten years, a fourth DUI offense will be automatically charged as a felony under Vehicle Code 23152 VC. This is true even if the fourth offense did not involve any injury or damage.
If you've been formerly convicted of a felony DUI, any subsequent DUI arrest will be charged as a felony, regardless of the specific circumstances or severity of the offense. This is mandated under Vehicle Code 23550.5 VC. This pertains that even if it has been a long time since your last DUI if you have been sentenced for conviction of a felony DUI in the past, any subsequent DUI will also be charged as a felony.
Under Vehicle Code 23153 VC, a DUI offense that causes injury to another person is called a wobbler. In some cases, it might be charged as a misdemeanor. In other cases, it might be charged as a felony. Factors such as the magnitude of the injuries, the level of the driver's impairment, and the driver's prior DUI history can all determine whether the charge will be charged as a misdemeanor or a felony. If you have been charged with this distinct type of DUI, we may be able to speak to the prosecutor to see if we can get the charge lowered to a misdemeanor.
A DUI offense resulting in death can be prosecuted under several different statutes, including vehicular manslaughter while under the influence Penal Code 191.5(b) PC, gross vehicular manslaughter while under the influence Penal Code 191.5(a) PC, or even second-degree murder as described by California's "Watson" murder statute. The penalties for a conviction can be very serious, so we highly recommend that you call us without wasting time to discuss your case.
If you're charged with a DUI and had a child aged under 14 in the car, you may also face charges under California's child endangerment law, Penal Code 273a PC. This is another wobbler offense, and the decision to file the offense as either a misdemeanor or a felony will depend on several factors the prosecutor will consider.
These are several of the most frequently encountered ways that a DUI could be charged as a felony in California.
The implications of a felony DUI conviction in California are severe and life-altering. They typically include imprisonment for 16 months to three years, fines up to $1,000 (plus substantial penalty assessments), mandatory installation of an ignition interlock device (IID), a four-year suspension of your driver's license, and designation as a habitual traffic offender by the DMV.
Additionally, a felony conviction can have significant long-term impacts, such as limiting your job opportunities, restricting your ability to possess a firearm, and affecting your rights in family court proceedings.
Every DUI case is unique, and the best defense strategy will vary based on the unique circumstances of your situation. That said, common defense strategies often involve questioning the lawfulness of the traffic stop or the DUI checkpoint, challenging the accuracy or handling of breath or blood tests, disputing the signs of intoxication observed by the arresting officer, or presenting compelling evidence to establish that the defendant was not driving.
An experienced DUI attorney can analyze the facts of your case, identify potential weaknesses in the prosecution's evidence, and apprise you of the best strategy for your defense. There are specific scenarios where we may have the opportunity to get the charges lowered to a misdemeanor, and there are other situations where we might succeed in getting the case dismissed altogether.
A felony DUI charge can feel overwhelming, but you don't have to face it alone. At Hurwitz Law Group, we're deeply committed to providing compassionate, effective legal representation to every client. We understand the complexity of DUI laws and know how nerve-racking this time can be for you. Our seasoned attorneys are ready to guide you through the legal process, answer your questions, and fight hard for your rights.
Contact us today for a consultation, and let us help you navigate this challenging time.
Home invasions can be terrifying, and the instinct to protect yourself and your family is a natural response. However, the legality of using lethal force to defend against an intruder with a deadly weapon can be complex. You need a criminal defense lawyer who can investigate your case's circumstances and protect your rights.
Some topics you must consider include the legal issues surrounding self-defense, the Castle Doctrine, and Stand-Your-Ground laws in the context of shooting someone who breaks into your home.
If you shoot someone who breaks into your home, several legal issues may arise, and navigating these complexities can be challenging. A thorough understanding of the laws and regulations in your state is crucial to determine the legality of your actions.
Whether such force was necessary, whether the physical force you used was proportional, and whether forceful and unlawful entry took place will all play a role in your self-defense claim.
Some of the key legal issues that may come into play include:
Given the intricate legal issues that can emerge when you shoot someone who breaks into your home, it is vital to consult a knowledgeable criminal defense attorney if you find yourself in this situation.
Regarding criminal law, self-defense is a fundamental concept that allows individuals to use force – even lethal force – for protection from potential danger. This legal justification serves as an affirmative defense that can potentially exonerate someone who has acted if their actions meet certain criteria. Generally speaking, self-defense is seen as lawful when a person:
If these factors apply to you, you might have acted in self-defense. Because this area of the law can be murky, enlist the help of our legal team.
The answer to this question depends on the particular circumstances of each incident. In some cases, deadly force may be justified if you genuinely believe it's needed to protect yourself or others from harm. However, other scenarios could involve excessive power - particularly if there was no pressing risk or you had another option, such as retreating instead of reacting with violence.
There are several factors that courts typically consider when evaluating whether self-defense can be used as a legal defense:
To claim self-defense, you must be facing an immediate or impending threat of harm. This means the threat must be happening or about to happen, not a past or future danger. The threat of harm must be immediate and not a future or speculative danger. The person using force in self-defense must show that they did not have time to retreat or seek help from law enforcement.
The person using force must have a reasonable belief that the force was necessary to prevent harm. The individual must genuinely believe using force is necessary to avoid serious bodily injury, death, or another unlawful act, such as a home invasion. This means that an average person in the same situation would also believe using force was necessary.
People using force must genuinely believe it is necessary to protect themselves or others from harm. This is a subjective standard, meaning it is based on the individual's perception of the situation.
The force used in self-defense should be proportionate to the perceived threat. For example, a person may not be justified in using deadly force to protect themselves against a minor assault that does not pose a severe injury or death risk.
In some states, you may be required to retreat or attempt to escape the situation before using force. This requirement can vary depending on the state and the specific circumstances of the incident.
Self-defense may not be valid if you were the initial aggressor in the conflict or provoked the other person into using excessive force. Generally, someone who instigates a conflict or provokes an attack cannot claim self-defense.
In certain circumstances, we all have the right to protect ourselves, others, and our personal property. However, these rights can vary depending on where you live, and it's important to understand what they are.
Generally speaking, if you reasonably believe that someone else is in imminent danger of being harmed or your property is likely to be stolen or damaged unlawfully, then using force may be justified.
The Castle Doctrine takes this further when protecting yourself within your home. Here, individuals generally don't have a duty to retreat from an intruder and can even use deadly force for self-protection - but keep in mind that this varies depending on state laws.
Therefore, although we all share certain rights when defending ourselves inside and outside the home, understanding exactly how far those rights stretch is vital!
Under the Castle Doctrine, individuals typically do not have a duty to retreat when faced with a threat within their home. This means that they are not required to attempt to escape or withdraw from the situation before using force to defend themselves. The Castle Doctrine's purpose is to recognize the unique importance of the home as a place of safety and refuge, allowing individuals greater protection when faced with a threat inside their dwelling.
In most cases, using deadly force to protect property is not considered permissible self-defense. However, there may be certain exceptions when an intruder poses a direct and immediate threat to the safety of those inside the residence or if someone's life is in danger.
It's important to note that each state has its own laws on this issue, so it's essential for anyone considering taking such action to contact a knowledgeable criminal defense attorney who can provide guidance specific to their situation.
By working with a lawyer who understands this area of the law, you can figure out what your rights are and formulate a strong defense. You need to be able to justify your actions if you are facing criminal charges or if you are even being investigated.
Our attorneys would happily provide you with a consultation to see your rights in your situation.
Stand-Your-Ground law gives people more leeway regarding defending themselves outside of their homes without having any duty or obligation towards retreating from the situation first before employing any form of force – including deadly force - as long as they feel threatened by imminent harm.
While these laws have been helpful in some contexts, they have also caused controversy due to increasing instances of violence and aggressive behavior being linked back to them. Hence why it's important for anyone living within a Stand-Your-Ground jurisdiction should familiarize themselves with such legislation, so that they know exactly where they stand, legally speaking, should something unfortunate occur.
Suppose you find yourself in a situation where you have used force to defend yourself or your property. In that case, seeking legal advice from an experienced criminal defense attorney is crucial.
The team at Hurwitz Law Group can help you understand your rights and navigate the complex legal issues surrounding self-defense, the Castle Doctrine, and Stand-Your-Ground laws.
Contact us today for a case evaluation, and let us help you protect your rights and future.
California's drug laws encompass many offenses, from simple possession to manufacturing and trafficking. Suppose you are facing criminal charges that involve drugs in any capacity. In that case, it is important to understand your rights, what steps you should take next, and the possible consequences associated with these violations, a DUI conviction related to drugs may have serious repercussions - regardless of whether or not this was your first offense.
At Hurwitz Law Group, we provide comprehensive legal guidance for those charged with drug crimes in California. Our experienced attorneys can help explain state law regarding controlled substances and inform you about the differences between misdemeanors and felonies, plus potential punishments for each type of violation.
We strive to ensure that everyone understands their options when dealing with such sensitive matters so they can make informed decisions about how best to defend themselves going forward.
Understanding California drug laws and California health regulations is essential, especially for those facing charges related to drug possession, distribution, or manufacturing. Here are some key laws to know:
Under Health and Safety Code 11350 HS, possessing certain controlled substances without a valid prescription is illegal. This includes drugs such as heroin and cocaine and prescription drugs like oxycodone and hydrocodone.
Violating this law can result in a misdemeanor or a felony charge, depending on the circumstances and the defendant's criminal history.
Health and Safety Code 11357 HS regulates the possession of marijuana in California. While recreational marijuana is legal in California, there are still restrictions on possession amounts and where it can be consumed. Violating this law can result in fines or, in some cases, misdemeanor charges.
Health and Safety Code 11377 HS makes it illegal to possess certain controlled substances classified as Schedule III, IV, or V, such as methamphetamine, ketamine, or anabolic steroids, without a valid prescription. As with Health and Safety Code 11350 HS, violations of this law can be charged as either misdemeanors or felonies, depending on the circumstances and the defendant's criminal history.
As someone with less legal experience, it's important to understand the complexities of health codes and regulations. To protect your rights and interests properly, consult a lawyer specialized in this field for guidance.
In California, certain drugs are legally accessible for medical or recreational use - such as medical marijuana (for those 21+) and prescriptions from licensed healthcare professionals. But even if these substances are permitted under the law, mishandling them can still lead to criminal charges – so be aware of what you’re using and how it could affect you if consumed incorrectly.
Don't hesitate to ask questions or concerns. Get educated on the subject matter to protect yourself accordingly!
While laws have changed recently, many drugs are illegal in California, including but not limited to the following:
Possession, distribution, or manufacturing of these drugs can result in criminal charges, with penalties varying depending on the specific drug and the defendant's criminal history.
In California, drug possession can be considered a misdemeanor in several situations, including:
Misdemeanor charges typically carry less severe penalties than felony charges, including shorter jail sentences, lower fines, and less severe long-term consequences.
Drug possession can be considered a felony under certain circumstances, such as:
Felony charges typically carry more severe penalties than misdemeanor charges, including lengthier prison sentences, higher fines, and more significant long-term consequences.
The specific amount of drugs that can lead to a felony charge varies depending on the type of drug and the circumstances surrounding the case. Factors such as the drug's weight or quantity, the defendant's criminal history, and evidence of intent to sell or distribute can all influence whether a possession charge is classified as a felony.
In California, possession of a controlled substance refers to having control over illegal drugs, such as heroin, cocaine, methamphetamine, or other substances listed in the California Uniform Controlled Substances Act.
Possession can be actual, meaning the drugs are physically on the person, or constructive, meaning the drugs are in a location that the person controls, such as their home or vehicle.
Controlled substances in California are classified into five schedules based on their potential for abuse, medical use, and safety:
California's historic Proposition 47, passed in 2014, reclassifies non-violent drug and property offenses from felonies to misdemeanors. This means those convicted of drug possession can receive reduced sentences, while individuals with felony convictions could have them retroactively lowered to the less serious charge.
As a result, this enormously impacts their lives and future prospects – leading to greater opportunities.
The amount of jail time for drug possession varies based on numerous factors: the type of substance involved; how much was held at the time; any prior criminal history, and whether it is classified as a misdemeanor or felony offense. Those found guilty of misdemeanor charges face up to one year in county jail, whereas felonies may lead to several years imprisonment within state prison walls.
Penalties for possessing controlled substances other than marijuana in California can vary depending on the type of drug, the quantity, and the defendant's criminal history. Generally, these penalties can include:
Penalties for possessing marijuana in California depend on the amount and the defendant's age. Generally, these penalties can include:
Possessing concentrated cannabis, also known as hashish or marijuana concentrates, carries different penalties in California. These penalties can include the following:
If you or a loved one has been charged with drug possession, don't panic - several strategies are available that could potentially lead to the charges being dropped or reduced.
To ensure the best possible outcome for your case, make sure to enlist the help of an experienced criminal defense attorney who will evaluate your specific circumstances and determine which course of action will be most effective in fighting for your rights.
Here are some steps worth exploring:
At Hurwitz Law Group, our skilled California DUI lawyers understand how daunting these charges can be. We are here to offer support every step along the way, so together we can fight towards finding success against pressing matters like drug possession cases!
