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In the United States, The Fourth Amendment to the US Constitution reads as follows: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In simpler terms, this means a police officer is restricted from searching through your private space and belongings without a warrant and/or probable cause. Although we have this right as Americans, it is often discarded as authorities partake in illegal searches and seize things that they know can be used against you in the court of law. In these instances, it is best to work with a criminal defense attorney because they can take steps in ensuring these things are dismissed in court, as any items seized during an illegal search cannot be used to convict you...
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Misdemeanor Under California Penal Code Section 1203.4 PC, a process called “expungement” can allow you to have a misdemeanor conviction removed from your record in California. This process helps individuals with a record secure schooling, an apartment or a job with much more ease. Getting an expungement is much more attainable with an experienced criminal defense lawyer on your side because before beginning the expungement process, you first have to ensure you are eligible. In California, there are five main reasons for why you may not be qualified: You did not complete your sentence and you failed to meet all of the conditions of your probation. This includes payment of all fines, restitution, and completion of in-court imposed classes or programs. You are still on probation. You are currently serving another sentence for a different offense. You have been charged with another criminal violation. It has not been a year since the court entered judgment in the case for which you are pursuing expungement. As...
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MDMA, also known as Ecstasy, is generally used as a party or rave drug and is known to stimulate a euphoric high. According to the CSA, MDMA has no valid medical value and a high potential for drug abuse making it a Schedule I drug. This is the most serious classification for a controlled substance making it illegal to possess, sell or make. If you have been arrested for a drug crime involving MDMA, it is imperative that you have a competent and experienced lawyer in Los Angeles by your side to protect you and your loved ones. In doing so, you may be able to avoid a conviction and even get the charges dismissed. Possession MDMA possession violates the California Safety and Health Code 11377. Most frequently, a simple possession will be charged as a misdemeanor. In California, this conviction can include up to one year in a county jail and/or a $1000 fine. There are drug diversion programs that can be offered to...
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Wire fraud occurs using a telephone, the Internet, electronic transfer or anything similar to commit fraud. Some specific examples of wire fraud might be gathering personal information under false pretexts for the intention of stealing money or purposefully misrepresenting a service or product you are selling. Sometimes, people are faced with wired fraud charges when prosecution is lacking evidence towards another charge or when they want an individual to face federal charges for a crime that could have been handled on a state level. It is very common for a wire fraud case to be quite complex. If you or a loved one are facing wire fraud charges, it is in your best interest to understand the best defense strategies against them and have an experienced attorney on your side. What Satisfies a Wire Fraud Charge? Wire fraud charges are established when an individual’s main intent was to defraud others. To satisfy a wire fraud conviction, the government does not have to prove that an...
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Ban the Box was established to remove the stigma of a job candidate’s conviction or arrest record so that employers can firstly consider their job qualifications. Fostered by All of Us or None, BNB eliminates the conviction history question from job applications and postpones background checks until later in the hiring process. Currently, 33 states and over 150 cities and counties have accepted this movement since it was formed in 2004 (https://bit.ly/1dfQy6N). For the 70 million men and women that have criminal records in the United States, this movement has proven itself to be promising. However, studies have found that employers who would voluntarily hire someone with a criminal record is a measly 12% and the absence of the conviction history box has actually allowed for a situation where employers fault to a guessing game. With this, they pick and choose who they think has a criminal record and sadly, the people who get put into the no pile are usually black and Hispanic (https://bit.ly/2OLbV27)....
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With another year coming to a close, it’s time to take a look at a few remarkable criminal justice victories throughout Northern America.   Restoration Rights District of Columbia B22-0452, the Clemency Board Establishment Act of 2017, was introduced on September 19. This creates a Clemency Board to advance local control over the Clemency process by reviewing applications for pardons and communications for District of Columbia Code offenders. The Clemency board is tasked with selecting cases for recommendation to the President of the United States for Clemency. The bill establishes the board’s composition and the eligibility criteria for offenders. This bill was enacted on July 30, 2018 as part of DC Act 22-434, the Fiscal Year 2019 Budget Support Emergency Act of 2018. Sentencing Reform Colorado Concerning lowering the period of mandatory parole from five years to three years for certain felony offenses, HB18-1029 was introduced January 10, 2018. Under previous law, the length of a mandatory parole sentence for a class 2 and 3...
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 “You have the right to remain silent…” is arguably one of the most popular and well known legal phrases in the United states. These six words are the beginning of the Miranda Warning, which is used to inform criminal suspects who have been taken into custody of their Fifth Amendment rights to not make any self-incriminating statements along with their right to legal representation. Occasionally, the question will arise if it’s ever appropriate to waive your Miranda Rights and under what circumstances this would equate to the best outcome. Here’s what you need to know about the protections provided by the Miranda Warning and how they can best serve you in a criminal case. The Miranda Rights Defined First, let’s begin by clarifying what exactly the Miranda Rights are. Stemming from the outcome of the 1966 case of Miranda Vs. Arizona, the Supreme Court ruled that a person must be first advised of certain rights before any statement made by them could be used against...
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It’s estimated that more than 12 million women and men will become the victim of domestic violence this year – that’s roughly 24 people every minute. Domestic violence comes in many forms, but most commonly involves threats or acts of violence among members of the same household. In the state of California, domestic violence is taken very seriously, and if police are called to the scene, chances are that someone will be arrested. While it’s easy to spot the abuser in many domestic violence cases, sometimes the nature of a particular incidence is more complex and leaves questions about who is at fault in a domestic violence case.  To better understand this, let’s talk about what the domestic violence laws are in California and how they affect the individuals involved. Domestic Violence Laws in California The California Penal Code outlines the state’s laws regarding domestic violence, including battery. According to the law, domestic violence occurs with an individual commits a violent criminal act against a...
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