Misdemeanor Statute of Limitations

If you were arrested for a crime but the DA never ended up filing charges against you, you may be wondering if they ever will.  You may also be wondering how long it will be before the DA is barred...
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UPDATE: Misdemeanor Pretrial Military Diversion for DUIs

In my previous post regarding Penal Code section 1001.80 pretrial/ pre-plea military diversion, I wrote about a California Court of Appeals decision (VanVleck) holding that military diversion is...
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Reducing a Felony to a Misdemeanor

Who's Eligible? The court's authority to reduce a felony to a misdemeanor comes from Penal Code section 17(b).  If a person has been convicted of a felony that is a "wobbler" (a legalese term for a...
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Prop 64 Resentencing for Marijuana Crimes

Prop 64 Allows People Convicted of Certain Marijuana Offenses to be Resentenced and Have Their Offense Reduced or Invalidated! Good news!  If you were convicted of one of many marijuana crimes prior...
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Veterans Diversion Under Penal Code 1170.9

Introduction In addition to pre-plea military diversion under Penal Code section 1001.80 for those charged with a misdemeanor offense, PC 1170.9 provides post-plea military diversion for those...
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Infraction Expungement, Can This be Done?

Infraction expungement is possible, with the exception of most traffic infractions (like speeding tickets).  This means for example that if you were cited for being a minor in possession of alcohol...
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Butte County Juvenile Record Sealing

Juvenile Record Sealing In an age where increased competition means finding every possible way to set yourself apart from others, having a juvenile record can be fatal not only to your employment...
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Are Ex-Felons Allowed to Vote? Yep!

There is a common belief that felons in the state of California are banned for life from voting.  This is untrue.  A person convicted of a felony is only prohibited from voting if s/he is: Currently...
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Butte County Public Intoxication Diversion

If you're reading this, you or someone you care about has probably recently been arrested for public intoxication (drunk in public).  You're now wondering how you or this person can get out of this...
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Butte County DUI Expungement

In previous posts I’ve explained basic California expungement law.  For general eligibility requirements please visit: http://www.530attorneys.com/expungements/.  Although my previous articles...
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Recreational Marijuana Growing in Butte County

Whether preexisting local ordinances applicable to medical marijuana cultivation apply to the now legal recreational cultivation of marijuana is a question yet to be answered.  Prop 64...
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New 2016 California Marijuana Laws

NEW CALIFORNIA MARIJUANA LAWS – REVISION TO PREVIOUS ARTICLE INFORMATION CONTAINED IN A PREVIOUS POST REGARDING PROP 64 WAS INACCURATE AS IT WAS BASED ON INCOMPLETE INFORMATION.  THE FOLLOWING IS AN...
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Marijuana DUI – The Problems with Assessing Being “Under the Influence”

MARIJUANA DUI – THE PROBLEMS WITH PROVING GUILT Marijuana (THC) and alcohol metabolize differently in the human body, and so the methods by which law enforcement establish “intoxication” for...
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MIP – Restricted Driver’s License

A MIP (minor in possession of alcohol) conviction in Butte County will result in a one-year driver’s license suspension.  Because there is no diversion option in Butte County, and the law requires a...
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California Military Diversion for Misdemeanor Cases

In 2015, California, through Senate Bill 1227, enacted a new military diversion program for current and former U.S. military personnel.  Under this new law military diversion is available to any...
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Minor in Possession in Chico

It’s common knowledge that college students drink.  Yes, even college students under 21 years old… shocking, right?  What actually is shocking to a lot of parents of younger college students is the...
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Arrest Information Q&A

Arrest Information – 530attorneys.com Do Cops Have to Tell You Why They’re Arresting You? Yes, in California police officers must inform arrestees of the reason why they are being arrested.  This is...
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SJPD to Wear Body Cameras

Today the San Jose Police Department will begin wearing body cameras to capture specified incidents and activities of officers on patrol.  There are written guidelines the officers are supposed to...
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How Do I Get The Police Report?

A frequently asked question I get from prospective clients is “how do I get the police report?”  They sometimes follow up with: “I was told to get if from the police department by the DA, and when I...
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What is Arraignment

Arraignment is the initial court appearance a person charged with a crime will make in criminal court.  At the misdemeanor arraignment, the judge will call the case, and the defendant, or the...
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Misdemeanor Statute of Limitations

If you were arrested for a crime but the DA never ended up filing charges against you, you may be wondering if they ever will.  You may also be wondering how long it will be before the DA is barred from filing charges.  The statute of limitations is a law that says...

Reducing a Felony to a Misdemeanor

Who's Eligible? The court's authority to reduce a felony to a misdemeanor comes from Penal Code section 17(b).  If a person has been convicted of a felony that is a "wobbler" (a legalese term for a crime that could be charged as a misdemeanor or a felony), and that...

Prop 64 Resentencing for Marijuana Crimes

Prop 64 Allows People Convicted of Certain Marijuana Offenses to be Resentenced and Have Their Offense Reduced or Invalidated! Good news!  If you were convicted of one of many marijuana crimes prior to the passage of Prop 64 (Nov. 2016), you may be eligible to have...

Veterans Diversion Under Penal Code 1170.9

Introduction In addition to pre-plea military diversion under Penal Code section 1001.80 for those charged with a misdemeanor offense, PC 1170.9 provides post-plea military diversion for those charged with probation eligible felonies and misdemeanors.  Thus, 1170.9...

Infraction Expungement, Can This be Done?

Infraction expungement is possible, with the exception of most traffic infractions (like speeding tickets).  This means for example that if you were cited for being a minor in possession of alcohol as an infraction, or for shoplifting as an infraction, you could get...

Butte County Juvenile Record Sealing

Juvenile Record Sealing In an age where increased competition means finding every possible way to set yourself apart from others, having a juvenile record can be fatal not only to your employment opportunities, but also your academic advancement, state licensing, and...

Are Ex-Felons Allowed to Vote? Yep!

There is a common belief that felons in the state of California are banned for life from voting.  This is untrue.  A person convicted of a felony is only prohibited from voting if s/he is: Currently incarcerated in a state or federal prison; or On parole for a felony...

Butte County Public Intoxication Diversion

If you're reading this, you or someone you care about has probably recently been arrested for public intoxication (drunk in public).  You're now wondering how you or this person can get out of this nightmare.  For some, there's good news.  Public intoxication...

Butte County DUI Expungement

In previous posts I’ve explained basic California expungement law.  For general eligibility requirements please visit: http://www.530attorneys.com/expungements/.  Although my previous articles discuss what a California expungement is, it’s worth noting before...

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