Criminal Defense
How Long Will I Lose My Gun Rights Due To My Misdemeanor Conviction In California?
If you get convicted of certain misdemeanors in California you will lose your right to own or possess a firearm. In some cases the loss of 2nd Amendment rights lasts a period of ten years. In other cases, the right to bear arms can never be recovered. The length of the ban depends on the crime you were convicted of and whether the ban would be imposed under state or…
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Man Arrested And Charged With Kidnapping
A Monterey Park man is now facing some serious allegations after a female employee of his yogurt shop escaped from his storage room. The alleged victim freed herself and then contacted some people in the building who called police. Robert Yachen Lee, is now facing kidnapping and attempted murder charges for the abduction of one of his female employees when he allegedly knocked her unconscious and then after disrobing her…
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I am Charged with Stalking, Penal Code § 646.9(a). What Does the Prosecution Have to Prove In Order to Convict Me?
Every person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety or the safety of his or her immediate family is guilty of stalking under Penal Code 646.9(a). If you or a loved one are charged with stalking under Penal Code § 646.9(a), it is important to know…
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If a defendant is declared incompetent, how long are they committed to a hospital and do they have to take medication? Penal Code Section 1368. Part 4
After there has been a determination that a defendant is indeed incompetent, the court will: order the defendant to be committed for treatment to restore competence and make an order regarding the defendant's antipsychotic medication. Under Penal Code §1370(c)(1), the maximum time for a defendant to be committed for a felony is the shorter of the two: - 3 years from the date of commitment or - the maximum term…
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Is there anything I can do about getting rid of a felony conviction on my record? – California Penal Code Section 17(b)
It is possible to reduce your felony conviction to a misdemeanor. This can be achieved through something called a "17(b) motion." Reducing a felony conviction to a misdemeanor has many benefits: • You can say that you have not been convicted of a felony on job, school, housing, or loan applications • You can regain your ability to own a gun • You would be able to vote and serve…
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Can I Get My Juvenile Records Sealed in Los Angeles
We get several calls each week from people who have suffered a prior juvenile criminal conviction(s), are now adults, and want to know if they can get this juvenile conviction off of their record. Fortunately, the answer to their question is yes! If eligible, individuals who have suffered criminal convictions as a juvenile can have their record sealed. Moreover, when their record becomes sealed, all records of the person's…
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Have you or a loved one ever been accused of torture or aggravated mayhem?
A woman has been arrested on suspicion of drugging her estranged husband and cutting off his penis with a knife and throwing his penis in the garbage disposal and then turning the disposal on. Catherine Kieu Becker, appeared in court this week on felony charges of torture, aggravated mayhem as well as sentencing enhancements for great bodily injury and personal use of a knife. The maximum time she faces for…
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Can I receive credit from a civil judgment when determining the amount of restitution owed to a victim of crime?
When a person commits a crime, he or she will have to deal with criminal prosecution and a potential civil lawsuit by the alleged victim. Often times when there is a conviction, the victim may seek restitution in the criminal case, even after receiving money from a civil judgment. As such, Courts tend to struggle to determine how much credit a defendant can receive for payments to a victim by…
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What Punishments Can I Face If Convicted Of A Hate Crime
According to the Los Angeles County Sheriff's Department, detestable messages targeting gays were found scrawled outside a business in Lancaster Sunday. Spray painted messages such as "Kill All Gays Now" and "Gays Go 2 Hell" were spray painted outside the business between 10 p.m. Saturday and 5 a.m. Sunday. According to the Sheriff's Department, the matter is being treated as a hate crime. In California, a misdemeanor hate crime is…
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Riverside Criminal Attorney Asks: Have You Failed to Appear in Court?
When you receive a citation to appear in court for a traffic ticket and then the date comes and you don't show up for court, the Judge will issue and bench warrant for your arrest. In this situation, you have turned a potential fine and penalties of the Department of Motor Vehicles into potential loss of freedom and misdemeanor conviction on your permanent record. Call a Riverside Criminal Attorney to…
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