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 323-244-4147 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 323-244-4147.
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.
A restraining order can provide quick legal protection, but there are several types of restraining orders. Understanding and obtaining a restraining order can be complicated and confusing. You will need the advice and services that a Los Angeles restraining order attorney provides.
A restraining order is an order issued by a California court. When you obtain a restraining order from the court, it legally prohibits a particular individual from abusing, harassing, threatening, or stalking you.
The person who is protected is referred to legally as the “protected person,” while the individual named in the order is called the “restrained person.” In California’s legal system, restraining orders are also referred to as “protective orders.”
Protective orders may be sought in several different situations. A domestic violence restraining order may be issued against a family or household member or against someone you dated or had a relationship with, including a domestic partner, ex-domestic partner, spouse, or ex-spouse.
In California, you may also seek a civil harassment restraining order if you are stalked, harassed, or threatened by someone who does not have a close relationship with you, such as a neighbor, a co-worker, or even someone who is essentially a stranger.
A California law enforcement officer who is responding to a domestic violence call may seek an emergency restraining order on a victim’s behalf in order to give that victim the time and opportunity to obtain a temporary or permanent restraining order.
Whether or not you obtain an emergency restraining order, if you need protection, you’ll need to ask the court for a temporary restraining order. If granted, a temporary order stays in effect for five to seven days, allowing the court to schedule a hearing for a permanent restraining order.
A temporary restraining order expires when the court conducts a hearing and grants – or rejects – the request for a “permanent” restraining order, which can remain in effect for up to five years.
In California, the violation of a restraining order is a crime. Violations are usually charged as misdemeanors. However, if you have a prior conviction for a restraining order violation, and if a subsequent violation involves an act of violence, you may be charged with a felony.
Additionally, most restraining orders issued by California courts prohibit the restrained person from purchasing, owning, or possessing a firearm while the order is in effect. The violation of these firearms requirements may also be charged as a felony.
To request a restraining order in Southern California, you’ll need the advice and services of a Los Angeles restraining order lawyer. After discussing your case, your lawyer will know what type of order to request and will assist you with completing and filing the legal paperwork.
When the court receives your request, a hearing date will be set. In most cases, the county sheriff’s department will deliver a “notice of court hearing” to the person you are seeking to restrain. Your restraining order lawyer will accompany you to the hearing.
At that hearing, you will have to explain to the judge why you are asking for a restraining order, and the person you are seeking to restrain will also be given an opportunity to speak with the judge. If the evidence indicates to the court that a restraining order is warranted, it will be issued.
Your case will be stronger at a restraining order hearing if you can present to the court evidence that supports your claims. With your attorney’s help and advice, you should compile evidence that may include:
If a restraining order names you as the person being restrained, you’ll need legal advice and representation as quickly as possible. If you’re going through a divorce, a restraining order can prevent you from winning custody of your child or even from winning visitation rights.
If you own a firearm, you’ll probably have to surrender that weapon while the restraining order is in effect. The best strategy for challenging a restraining order is:
If you are the target of a restraining order in Southern California, a Los Angeles restraining order attorney will offer you the personalized legal advice you need and will represent you aggressively and effectively in a restraining order proceeding.
Your attorney will argue that the restraining order is unwarranted and that the request for a restraining order should be denied. If the court decides to issue the order, your attorney may negotiate for a modified, more lenient restraining order that imposes fewer conditions on you.
But if you are the person who is being abused, harassed, stalked, or threatened, contact a Los Angeles restraining order lawyer right now and begin the restraining order process. Nothing is more important than your safety and the safety of your children.
If you need a restraining order or need to challenge one, you should be represented by an award-winning attorney who has substantial experience and familiarity with restraining orders in Southern California. You’ll need to be represented by attorney Brian Hurwitz.
With his team at Hurwitz Law Group, attorney Brian Hurwitz has built a reputation in the Los Angeles legal community for effective representation and extraordinary client service. If you need a restraining order, we’ll work to make sure that you have full legal protection. If you challenge a restraining order, we’ll see to it that you are treated fairly and justly by the court.
Hurwitz Law Group provides prospective clients with a confidential phone consultation with no cost or obligation. To obtain or challenge a restraining order in Southern California – currently or in the future – or if you simply need to learn more, contact Hurwitz Law Group at 323-244-4147.
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.
If you’re charged with a “violent” or “serious” felony in the Los Angeles area or anywhere in Southern California, you must contact a Los Angeles criminal defense attorney promptly for the legal counsel and defense representation you will need. Here’s why.
California’s controversial three strikes law imposes a 25 years to life prison sentence on anyone who receives a conviction for a violent or serious felony when that defendant has already received two or more violent or serious felony convictions.
Additionally, the three strikes law also doubles the sentence for anyone who is convicted a second time for a serious or violent felony in this state. However, a Los Angeles criminal defense lawyer will help you fight a three strikes sentence in several different ways.
Twenty-eight states now have some version of a three-strikes law. California’s version took effect in 1994. It is a law that substantially increases the penalties for anyone who is convicted of a violent or serious felony after one or two previous convictions for violent or serious felonies.
Originally, the three strikes law in California applied to any felony conviction after two violent or serious felony convictions. Defendants in this state were receiving 25 years to life sentences for nonviolent thefts and non-violent drug crimes.
However, in 2012, voters in California passed Proposition 36. As a result, third strike penalties now apply only if the third conviction is also for a violent or serious felony (with exceptions for felony sex crimes and crimes committed with a firearm or another deadly weapon).
If you are charged with a third violent or serious felony after convictions for two violent or serious felonies, you face a 25 years to life sentence. If the pending charge is for another crime, and you’re convicted, the sentence in most cases will be double the usual sentence for that crime.
However, in any of the following situations, a criminal defendant may receive a 25 years to life sentence for a third conviction even if that third conviction is not for a violent or serious felony:
As of 2022, more than a third of the offenders in California prisons were serving sentences lengthened by the three strikes law. About 28 percent of the inmates were serving doubled sentences, and about 8 percent were serving third strike sentences of 25 years to life.
A strike under the California three strikes law is a conviction for either a “serious” felony or a “violent” felony. Serious felonies include but aren’t limited to robbery, first-degree burglary, and any felony where a perpetrator uses a firearm or inflicts great bodily injury.
At the start of 2024, child sex trafficking was added to the list of serious felonies. “Violent” felonies in this state include but are not limited to murder, voluntary manslaughter, rape, forced sodomy or oral copulation, extortion, kidnapping, carjacking, and arson.
Convictions for comparable serious and violent crimes in other states may also count as previous convictions under the California three strikes law. Several juvenile crimes may also count as previous convictions if a defendant was age 16 or older when the crime was committed.
If you’re charged with a serious or violent felony after two convictions for violent or serious felonies, you are facing the possibility of life in prison. You must be advised and represented by a Southern California criminal defense lawyer, and you must contact that lawyer immediately.
You can only be convicted of a third violent or serious felony if the state can prove your guilt beyond a reasonable doubt. Your defense attorney will work to cast doubt on the state’s evidence and will work to have the charge against you dropped or the case against you dismissed.
If these options are not available, your attorney may negotiate a plea bargain to have the charge reduced, but if you’re innocent, insist on a jury trial. At trial, your defense attorney will explain to the jurors why you are innocent of the current charge and why they should find you not guilty.
You may also avoid a 25 years to life sentence for a third strike conviction in California by having your Los Angeles criminal defense lawyer file a Romero motion asking the court to dismiss one or both of the first two strike convictions.
In People v. Romero (1996), Jesus Romero was convicted of possessing 0.13 grams of cocaine but faced life in prison due to two past convictions for burglary and attempted burglary. Instead, the judge dismissed one of the previous convictions and Romero was sentenced only to six years.
If the judge grants your Romero motion, your sentence in your pending violent or serious felony case – if you are convicted – will not be increased as it usually would under the three strikes law.
When California judges dismiss strike convictions in these cases, those convictions are not expunged or sealed and do not vanish from an offender’s criminal record. The court dismisses a strike conviction exclusively for the purpose of sentencing for the pending conviction.
Thousands of attorneys practice in Los Angeles, but if you’re accused of a violent or serious felony, you’ll need to contact an experienced, award-winning defense attorney with a reputation for legal excellence. You’ll need to contact attorney Brian Hurwitz at Hurwitz Law Group.
Los Angeles criminal defense attorney Brian Hurwitz will examine the evidence in your case and develop an aggressive, effective defense strategy. He will work to have the charge against you dropped or dismissed, to negotiate an acceptable plea deal, or to win a not guilty verdict at trial.
Hurwitz Law Group offers affordable fees and payment plans, and we offer no-cost, confidential phone consultations to our prospective clients. If you are accused of a violent or serious felony in Southern California, now or in the future, call Hurwitz Law Group promptly at 323-747-7484.
A restraining or protective order is a court-issued mandate that can protect a person from being physically or sexually abused, threatened, stalked, or harassed. The order may extend to the protected person's family or household members, pets, or property. The order may include personal conduct orders such as not contacting, harassing, threatening, etc, the protected party. It may also include stay-away orders that indicate a specific distance to maintain between the two parties and a residence exclusion order that forces the restrained person to move from a shared residence. While a domestic violence restraining order is the type of order typically pertinent to child custodial decisions, it is not the only one that can have an impact.
There are three types of restraining orders associated with domestic violence. They are listed and defined as:
When dealing with child custody cases and domestic violence, judges must follow specific rules to determine custody. First, a custody case will be treated as a domestic violence case if, in the last five years, either parent was convicted of domestic violence against the other parent or a court has decided that a parent has committed domestic violence against the other parent or the child(ren). If a judge decides a custody case is instead a domestic violence case, the judge cannot give joint or sole custody to the offending parent. Still, that parent may be able to get parenting time or visitation rights with the child. In this case, a judge may apply a rebuttable presumption, which is a legal assumption that can only be overruled by convincing evidence. This assumption is important because it places the burden on the abusive parent to demonstrate why he or she should be considered for custody or visitation. Special circumstances that allow a judge to grant joint or sole custody to the abusive parent are:
There are two types of custody typically considered, and both can be granted as sole or joint custody.
Legal custody is the duty of the assigned parent to make important decisions for the child, such as health care, education, welfare, etc. Physical custody address where the child will live. Judges handling these types of custodial cases must consider several factors to ensure the best interest and safety of the child and the child's family members are maintained. To do this, judges must also consider any history of abuse by a parent against any of the following people:
When these allegations are considered, a judge may also look at evidence that independently substantiates the accusations. This can be from law enforcement reports, child protective services records, medical facilities, or social welfare agencies.
When two parents cannot agree on a parenting plan for their child, they will have to go to custody mediation. In mediation, a mediator or child custody recommended counselor will intervene to help two parties agree on a parenting plan for the child. A parenting plan determines who the child will live with and who makes important decisions for the child. Mediators are court employees. If a parent is worried about their own or their child's safety, the mediator should know. It is also within a parent's right to request to meet separately with a mediator if a restraining order or accusations of domestic violence are present.
A domestic violence restraining order is not the only order that can prevent custody and visitation rights.
A major part of a custodial hearing is proving the safety of the child. If a parent is found to have a history of violence or dangerous behavior, a judge would be within their means to deem that parent unfit for custody.
Deciding child custody is not easy. When adding potential violence or restraining orders to this already tough situation, you can quickly find yourself overwhelmed. Do not take this fight on alone. Ensure the safety and care of your child is in proper hands. Call Hurwitz Law Group today at 323-747-7484 or fill out our contact form for a free consultation.
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 323-244-4147 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 323-244-4147 or fill out a contact form for a free consultation.
Being arrested and convicted of a DUI in California is a serious matter that can potentially affect your ability to drive and maintain your employment, as it could result in a suspension of your driver's license. The California government has recently enacted a new law that relies on the use of IIDs to monitor drivers convicted of DUIs while giving them a chance to avoid a license suspension. Learn the facts about IIDs, how they work, and what the new California IID law says concerning multiple DUI offenses.
An IID or Ignition Interlock Device is a small device connected to a car's ignition. It is programmed to detect alcohol in the driver's breath and will not allow the car to start if it contains any alcohol. The device requires the driver to test their breath by blowing into the IID before starting their vehicle and at regular intervals while the car is in operation.
If the device detects alcohol, it will set off an alarm, and the car will not start. If the vehicle is already in operation, the IID won't likely shut off the engine, but if the driver fails a random breath test, the test will be recorded as a violation. The IID is meant to work as a deterrent to drunk driving and as another way to increase public safety, as it can prevent drivers from operating a vehicle while intoxicated.
Recently, the state of California has begun a program called the Statewide Ignition Interlock Device Pilot Program. The program aims to reduce drunk driving accidents by requiring repeat DUI offenders and any DUI offenders who have caused an accident with injuries to install IIDs in their vehicles for one to four years.
The new program also allows certain convicted DUI offenders to avoid license suspension by agreeing to install an IID in their vehicles as soon as they are eligible. It also allows first-time DUI offenders who did not cause any injury to choose between installing an IID and having full driving privileges or skipping the IID installation but having a restricted license that only allows them to commute to/from work or a DUI treatment program.
The new IID law can bring benefits for those dealing with a DUI conviction that resulted in injuries and those dealing with multiple convictions within the past ten years. For eligible individuals, it may allow them to skip any waiting periods and continue driving without having their license suspended.
In some cases, the court may order a DUI driver to have an IID installed in their vehicle for a certain period of time, depending on the severity of their offense. In other cases, the driver may apply to have an IID restriction in exchange for maintaining their ability to drive. It is important to note that once a driver is required to install an IID in their vehicle, it is the driver's responsibility to pay all associated costs to install and maintain the device, including servicing it every 60 days and any mandatory calibration.
If you have been ordered to install an IID in your vehicle, you are expected to do so in order to have your driving privileges reinstated. If you continue to drive, you may be facing penalties for driving while on a suspended license. However, some drivers may be able to apply for an IID exemption, which allows them not to install the device in their vehicles but still requires them to complete their DUI program and full suspension or revocation term.
If you have been charged with a DUI, the best thing you can do is try to avoid a conviction by speaking to a DUI attorney as soon as possible. The Hurwitz Law Group is here to help. Call us for a free consultation at 323-244-4147.
