Application for Rehabilitation Aids Entry into Canada

Posted by Brianna Wilkins on

Entry Into Canada (Application For Rehabilitation)

Many Americans are unaware that there are several restrictions governing travel to Canada. For example, individuals with criminal convictions in the U.S. or another country likely cannot enter. In light of the tragic event on Sept. 11, 2001, the Canadian government made a decision to restrict certain travelers. Individuals with criminal records find it difficult to enter their country.

Travel Restrictions

Even a misdemeanor record can prevent an individual from traveling from the U.S. to Canada. For example, drunk driving is a misdemeanor to our neighboring north. In turn, someone with a misdemeanor DUI / DWI conviction in the U.S. is denied admission into Canada.

Since a criminal record in the United States can prevent entry into Canada, it’s critical to obtain post-conviction relief as soon as possible. Clearing the individual’s record will open up travel opportunities and release life-restrictions.

If approved, an Application for Rehabilitation will clear the way for an individual convicted of a criminal offense in the U.S. to enter Canada. The experienced lawyers of The Kavinoky Law Firm can assist an individual with an Application for Rehabilitation that may allow entry into Canada.

Application For Rehabilitation

In order to qualify for and Application for Rehabilitation to enter Canada, at least five years must have passed since the completion of any sentence and probation imposed for the offense. Some individuals can have their rehabilitation request processed at a Canadian port of entry through two processes known as “deemed” and “streamlined” rehabilitation. Equally as important, applicants must provide all required documentation and pay a fee of $200 Canadian for streamlined rehabilitation. There is no fee for deemed rehabilitation.

Required documents include identification, court documents for each conviction that show that the sentence was completed, a recent FBI criminal record check, and a police certificate from the state(s) where the offense occurred and any state where the individual has lived for more than six months in the past 10 years.

Rehabilitation requests can also be submitted to the Canadian Consulate. The individual must submit an application and all relevant documents to the Canadian Consulate. Just as in streamlined or deemed rehabilitation, there is no guarantee that the Canadian government will approve the request.

All in all, if it is less than five years since sentence completion, the individual may qualify for a Temporary Resident Permit (TRP). To qualify for a TRP, the individual must complete an application and provide all of the documentation for rehabilitation.

Work with an Attorney

The procedures for submitting an Application for Rehabilitation to enter Canada are complex. It’s best to work with a skilled attorney who is familiar with the requirements.

The best criminal defense lawyers in Los Angeles work for The Kavinoky Law Firm. They are well-versed in every aspect of the Canadian rehabilitation process. Additionally, a federal criminal defense lawyer, such as the ones we employ, can ensure the best chance of a successful application. Contact them today for a free consultation. 1.800.NoCuffs.

Drug Cases

Posted by Brianna Wilkins on

Drug cases in California are numerous and complicated. Each case requires individual attention from a criminal defense attorney. If you are facing an drug-related arrest in California you’re certainly not alone.

The War on Drugs

As can be seen by the high incarceration rate in this country, the War on Drugs is ineffective. All in all, increasingly more Americans fall into our nation’s war and find themselves lost. Local, state, and federal governments continue to pour billions of dollars into this war year after year. Sadly, in essence, this is all at the expense of individuals like you.

Fortunately, it’s possible to mount an aggressive defense to a California drug charge. In fact, the help of a Los Angeles defense lawyer is especially helpful. An knowledgeable California drug crime attorney from The Kavinoky Law Firm will thoroughly analyze your case. He or she will help determine the most effective strategy to challenge the case against you.

Drug Cases and Their Charges

Whether your California drug charge is possession or sales, it’s possible to mount a strong defense with the help of the right defense lawyer. Any charge involving methamphetamine, powder cocaine, crack or base cocaine, heroin, marijuana, or PCP, is still defensible. An great California drug defense lawyer has the skills and knowledge to aggressively fight any felony drug charges.

California defense attorney Darren Kavinoky and the attorneys of The Kavinoky Law Firm are well-aware of every aspect of fighting drug charges. Together with you, they will thoroughly review the evidence in your drug case and develop a cutting-edge strategy to fight the charges.

A California drug conviction carries extremely harsh punishment that often includes fines, asset forfeiture, registration as a narcotics offender and jail or prison time, so it’s essential that you act decisively by assembling a strong defense team.

Some California drug cases should go to trial. Whereas others may find favorable resolution with a skillfully negotiated plea bargain. In fact, plea bargains often result in alternative sentencing. Some forms of alternative sentencing include deferred entry of judgment (DEJ), Proposition 36, and drug court. These alternatives can be life-savers. Typically, alternative sentencing keeps the defendant out of incarceration.

Fight Your Case Alongside Your Attorney

A California drug charge can negatively impact every part of your life. Fortunately, you can aggressively fight your case with the help of a skilled attorney.

To learn more about strong defenses to felony drug charges, please contact The Kavinoky Law Firm today. Call 1.800.NO.CUFFS for a free consultation. Serving all of Los Angeles County, Orange County, San Luis Obispo and Ventura Counties and Riverside and San Diego Counties

Domestic Violence Accusations and Defense in California

Posted by Brianna Wilkins on

domestic violenceDomestic violence is sometimes called domestic abuse or intimate partner abuse. Under California law, it involved a broad range of legal violations. These include:

  1. Causing or attempting to cause bodily injury, and/or
  2. Sexual assault.

Perpetrators of Abuse

In these cases, the recipient of the violence may or may not fall into a specific category. Such categories may include such relationships as a:

  1. spouse,
  2. former spouse,
  3. relationship partner (person one is dating),
  4. cohabitant (person with whom one is living),
  5. former cohabitant (person with whom one used to live), and/or
  6. person with whom one had a child.

Domestic violence (DV) can involve physical injury, or another consideration includes threatening words.

The legal definition of an “intimate partner” for purposes of DV includes husbands or wives, boyfriends or girlfriends, and same-sex partners. Therefore, any intimate partner, no matter the sex, can be a victim of domestic abuse. The law is very broad in terms about the relationship that gives rise to domestic violence.

What is Abuse?

Similar to “intimate partner,” the term “abuse” is also very broad.

Each of the following actions, among others, can lead to prosecution for domestic violence or intimate partner violence:

  • hitting,
  • slapping,
  • punching,
  • kicking,
  • threatening with or without a weapon,
  • hitting with an object,
  • hair pulling,
  • burning,
  • cutting,
  • biting,
  • stabbing, and/or
  • stalking

Given these points, keep in mind, there is no scale for pain or abuse. No matter how slight the physical touching, the perpetrator of the action is still eligible for prosecution. Some types of domestic violence charges do not even require any physical touching.  In fact, stalking or criminal threats do not involve touch (Penal Code section 422).

California Penal Code Convictions

California Penal Code section 273.5 is the most frequent domestic violence crime.

This penal code section provides that anyone who willfully inflicts injury on a spouse, former spouse, or certain other people is guilty of a felony.  Of course, Penal Code 273.5 is explicit that the injury may be either minor or serious in nature, so long as it is caused by physical force.  The punishment for those guilty of violating this crime includes up to one year in county jail. Moreover, the perpetrator may face even up to six years in state prison. Additionally, a conviction for someone who has had prior domestic violence conviction means even more time.

Prosecution of DV cases involves a very serious approach. Moreover, the cases often find their way to the District Attorney’s desk. These attorneys specifically handle domestic violence cases and likewise carry intense knowledge.

Your intimate partner does not decide whether or not to press charges in a domestic violence case in California. Once the police are involved in the domestic violence situation, you and your intimate partner no longer have the choice of whether or not to prosecute. The decision of whether or not to file criminal charges in a domestic violence case is up to the prosecutor alone. He or she will decide whether or not to bring the domestic violence charge. It is incorrect (and dangerous) to believe that the DV victim has the power to press charges or not; once law enforcement is involved, it is out of their hands.

California Domestic Violence Defense Attorney

No matter what charges you are currently facing, a skilled California criminal defense attorney can help. There are defenses for every criminal charge. In most cases, these domestic violence charges are based on one person’s word.

A domestic violence criminal defense lawyer understands that there are two sides to every story. This lawyer can help you gather evidence and proof for your side of the story. Do not think that these charges are hopeless. Speak with an experienced criminal defense attorney today to learn how you can save your reputation and keep your record clean.

Do not hesitate to call on criminal defense lawyer Darren T. Kavinoky if you would like a FREE case evaluation.

Marijuana and Driving Under the Influence in California

Posted by Brianna Wilkins on

Marijuana is still considered an illegal drug in the state of California. Although it is possible to now obtain and consume marijuana legally, it is not legal to drive under the influence.

Driving Under the Influence of Marijuana

Driving under the influence (D.U.I.) is a common and very public crime in California. Due to its exposure, most people think of a DUI as being alcohol-specific (“drunk driving”). When, in fact, driving under the influence of any substance (legal or not) can lead to an arrest and conviction.

Generally speaking, this is one of the reasons why it is so important to work with an attorney. An individual under arrest for driving under the influence of marijuana to needs to call a skilled California criminal defense lawyer. Specifically, a lawyer who specializes in driving under the influence of drug (D.U.I.D.) cases.

California prohibits driving while under the influence of any drugs or alcohol. An individual is “under the influence” of a drug when his or her body responds to a substance. To be more clear, it is when the nervous system, brain, or muscles respond unnaturally to a substance. The individual should not drive when the impact is to the point where the individual cannot drive naturally.

With all this in mind, when one cannot drive like a prudent and cautious person, in full possession of his or her faculties, using reasonable care, then he/she is reckless. To put it more plainly, the individual is at risk or receiving a DUI or a DUID.

An Arrest While Driving

Now, there is no immediate test available to confirm an officer’s suspicion that the driver is under the influence of drugs. The officer’s subjective opinion is the primary evidence for the case. Both the District Attorney or the City Attorney rely on this opinion when prosecuting this type of case.

When the police arrest an individual on a DUID charge in California, the investigation is like a DUI case. It proceeds in same way that an alcohol-related DUI would, except that the driver has a choice of different tests. The driver with a DUID charge choose either a blood or urine test.

Unlike other states, the mere presence of marijuana in one’s system isn’t enough to sustain a conviction. This means that even if a test reveals that the accused had marijuana in his or her body, the defendant isn’t without defense. A good criminal attorney knows how to convince a jury that its effects had expired prior to driving.

Evidence and Prosecution

In order to determine whether the driver was under the influence of marijuana, the prosecution will look at four types of evidence including:

  1. The defendant’s driving pattern,
  2. Physical signs and symptoms of impairment,
  3. Performance on the field sobriety tests (FSTs), and
  4. Chemical test results.

It is also common for both sides to hire their own criminalist to testify about the effects that marijuana has on one’s ability to drive a car. An experienced DUID lawyer knows the most effective ways to challenge this type of evidence, and will call into question the officer’s experience and bias as well as the results of the blood or urine test.

Being arrested for driving under the influence of marijuana can be a frightening and overwhelming experience, which is why having a knowledgeable attorney by one’s side can make all the difference. A seasoned lawyer will help guide his or her client through all proceedings with skill, compassion and ease.

Seek Counsel Right Away

The outstanding attorneys at The Kavinoky Law Firm maintain an excellent reputation. In fact, they historically defend their clients quite successfully. They excel especially with those facing accusations of driving while under the influence of marijuana. Since they focus on marijuana-related offenses, they have relationships with many of the local prosecutors. This provides their clients with a tremendous advantage.

With law offices throughout California, including several in and around the Los Angeles area, they are conveniently located for anyone in need of an exceptional D.U.I.D. attorney. For the most trusted legal advice and unparalleled representation, contact the criminal defense attorneys at The Kavinoky Law Firm today.

The Kavinoky Law Firm

About Darren Kavinoky and The Kavinoky Law Firm.

Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California.

Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider, and is a sought-after guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.

Drunk Driving & DUI: Driving Under the Influence in California

Posted by Brianna Wilkins on

Drunk driving is not a fun, or uncommon, federal offense. California DUI arrests occur unexpectedly. Typically, the driver does not understand the complex legal issues that follow a DUI arrest. With this in mind, though, drunk driving arrests require fast action.

The most pressing issues are to first find an experienced California DUI attorney, while in custody. Next, you need to find a reputable bail bond firm to post bail and go home. Then, you will request a DMV hearing to prevent the automatic suspension of driver’s license.

Following a Drunk Driving Arrest

If a friend or relative is in jail under suspicion of DUI, the first step is to find them. However, locating a driver after a California DUI arrest is challenging without the right resources. When attempting to find a driver arrested for DUI, first gather helpful information.

Information to Provide When Looking for Someone in Custody:

  1. The driver’s full name,
  2. date of birth, and
  3. booking number if available.

These three things will all make the process of locating the driver much easier. Of course, the driver’s release from jail is usually a top priority.

Bond Providers & Posting Bail

In some cases, individuals under arrest for driving under the influence are released on their own recognizance (OR). Still, most people must post bail. This means, the individual must pay a sum of money for his or her freedom. So, once you find your friend or family member, you want to get them out as soon as possible. In this case, locating a bail bond provider is the next step in getting a person released from jail. California bail bondsmen usually require an up-front down payment of 10% of the bail amount to secure the driver’s release.

Legal Considerations

Now, once the driver is out of jail, it is time to focus on the legal considerations.

It’s critical to address the legal issues that stem from a drunk driving arrest as quickly as possible. A California DUI / DUI arrest actually generates two separate cases:

  1. A Department of Motor Vehicles case and
  2. A Court case.

An individual facing a driving while intoxicated charge has only 10 days from the date of arrest to request a DMV hearing. This includes weekends and holidays. If not, they risk having their license automatically suspended.

California Court

A California drunk driving court case begins with arraignment. The driver enters a plea of guilty or not guilty. If the criminal defense attorney has any tenure, then they will advise the client to plead not guilty. This is an appropriate defense strategy during arraignment as it is still early in the case. The driving under the influence lawyer allows for time here to examine the facts of the case prior to trial.

There are many tried-and-true defense strategies to fight a drinking and driving charge. Consequently, there are many good reasons to fight a drunk driving charge in court. Some drivers fear that a DUI arrest means an automatic conviction, but that’s simply not true. It’s possible to fight and win a drunk driving case with the help of great legal counsel.

Seek Legal Counsel

It’s possible to win in court and at the DMV hearing to determine driver’s license status. However, keep in mind, these procedures are extremely complex. Additionally, the cost of losing is high. An successful California DUI criminal defense attorney can develop an aggressive strategy to attack both cases.

The Kavinoky Law firm hires only the best criminal defense attorneys in California. 1.800.No.Cuffs is the number you need to remember – and hope you never need. Call us, because nobody looks good in handcuffs. #unlessyoureintothatsortofthing

 

Criminal History, Future Employment, and California Law

Posted by Brianna Wilkins on

Criminal history is not always a road block standing in the way of success. While it can be a challenge, it is possible to live a successful professional life after a conviction.

Today’s job applicants don’t always need to inform potential employees of their criminal history. However, there are situations in which disclosure occurs. When this happens, having a mark on your criminal record can negatively affect your job search. Even if you’ve completed your sentences and paid your debts to society, having a criminal record can complicate matters when searching for a job, especially if that job requires state certification or a background check.

Accessibility of Criminal Records

If you’ve been detained, arrested, or convicted anywhere in the state of California, the incident is recorded on your criminal record by the California Department of Justice. The reality of modern convenience is that employers can find out a lot about a person simply by performing a simple search on the internet. Data searches may reveal arrests, but not necessarily the outcome.

Criminal records don’t just include convictions: they include arrests that did not lead to conviction, and any other run-ins you may have had with the law. Criminal records span an entire life- including anything that occurred before you turned 18. If you’ve been arrested or convicted for a crime in another state, your criminal history will not be included in your California criminal record – each state maintains their own criminal records and the only criminal record that includes offenses from all states is the FBI’s.

Criminal History Disclosure

Whether or not you should disclose your criminal history to a potential employer is a complicated question. Though you are not legally required to do so by law, sometimes honesty is a good policy. It may not come up in job application, but it may be wise to disclose.

The law does provide protections when it comes to certain types of arrests or convictions. According to the California Code of Regulations, private employers face restrictions of questions. For example, they may not ask job applicants about arrests that:

  1. Did not lead to convictions,
  2. Expunged convictions,
  3. Juvenile sustained petitions,
  4. Juvenile arrests that have been sealed, and
  5. Arrests with successfully completed drug diversion.

A criminal defense attorney can help you go over your criminal history. He or she will help you decide what to disclose and what can remain private.

Expungement

Even if you have an expunged criminal history, the conviction is “dismissed in the interest of justice.”

An expungement means you no longer face penalties and liabilities associated with the conviction. However, with certain crimes, you may be liable for additional penalties (ex: sex registration requirements).

Many people in the state of California apply for the expungement of criminal records. They do so in an effort to keep a conviction from ruining their careers. In many cases, this is a great idea. However, there are certain circumstances where people must disclose expunged convictions. If you are unsure whether you need to disclose a conviction, consult with a criminal defense attorney for advisement.

Unfortunately, even an expungement has limitations. According to the California Penal Code, even a person with an expungement must disclose a conviction if:

  1. They’re applying for public office, or
  2. Applying for licensure by any state or local agency, or
  3. Contracting with the California State Lottery.

Any individual applying for any of these must disclose their criminal history, with or without an expungement.

Juvenile and Drug Records

As long as juvenile arrests and convictions show as sealed, they are consequently inaccessible to most employers. It’s important to note that juvenile records are not automatically sealed on your 18th birthday; you must apply to have those records sealed.

Finally, you do not need to disclose all convictions. For example, a charge of nonviolent “personal use” drug crime may not need disclosure in the state of California. A successfully completed a drug diversion program allows you to decline disclosure to most potential employers.

Maximize Your Chances of Getting a Job

Though a criminal history can negatively impact employment, it is possible. Maximize your chances by doing a few things to help yourself:

  1. Be truthful on your job application:
    1. Be sure to provide clear explanations of the crime, if they’re favorable to you.
    2. Explain your rehabilitation efforts and express remorse or guilt for the crime, and/or
    3. Provide excellent personal or professional references from individuals with a clean criminal record.

With all this in mind, make sure to hire an experienced criminal defense attorney. The California Defense attorneys at The Kavinoky Law Firm  are here to help. Call 1.800.No.Cuffs 24/7, 365 days a year.

Additionally, depending on your circumstances, you may wish to consider an expungement of your criminal record.

Domestic Violence and Divorce in California

Posted by Brianna Wilkins on

Domestic violence accusations are common during a divorce. Some are accurate, some are less than accurate.

22% of divorces today end due to a claim of violence in the relationship. Additionally, 3 million women a year are victims of partner abuse. With this consideration, however, some partners make exaggerated or misleading claims of violence. Unfortunately, some see these claims as a way to gain advantage in divorce and/or custody proceedings.  Many partners lose access to their children as a result of false domestic violence charges. However, with an expert criminal defense attorney on your side, so shall the truth be with your case.

Domestic violence accusations can majorly impact divorce proceedings. Regardless if it is an allegation, arrest or conviction, accusations are impactful.  This is true particularly when it comes to child custody issues. This is a serious danger for all partners processing divorce. However, it is especially harmful for those in the military. A conviction of domestic violence during a divorce will affect child custody and the outcome of a divorce. Unfortunately, it can also cost military personnel their jobs.

While domestic violence is a real issue in many divorce cases, sometimes the accusations are false.

Divorcing couples are often involved in messy disputes. Some cases lead to an angry spouse claiming abuse out of frustration. If you believe you’ve been falsely accused of spousal abuse, do not wait. It’s crucial to seek the help of a qualified legal counsel who will work to protect your rights.

Protective Orders

Also referred to as restraining orders, protective orders are popular grants during a divorce. If granted, a partner may not be able to see his/her children. The accused is likely not able to enter his/her own home or visit his/her children. In some cases, those with restraining orders against them may also find themselves with additional responsibilities. He or she may need to attend counseling or anger management classes.

A parent with a restraining order against him or her will likely have a difficult time fighting for custody and visitation rights to his children. In some cases, restraining orders may last for several years after the divorce. If a partner violates an active protection or restraining order, he can go to jail.

Criminal Charges

An arrest for domestic violence in the state of California may result in criminal charges. A conviction on your record can affect you for years to come. The safest course of action for men accused of domestic violence is to remain calm and obey all restraining orders for the time being. If the accused respects the boundaries of the restraining order, there is hope to drop the charges. Of course, if an expert criminal defense attorney proves the allegations are false, the restraining order is no longer valid.

Domestic Violence Act

As a man with false allegations of domestic violence made against you, it’s imperative that you understand the Domestic Violence Act. Implemented in 1979, the act defines what constitutes domestic violence. According to the legislation, domestic violence is defined as “attempts to cause or intentionally causing bodily injury, and placing a person in fear of ‘imminent serious bodily injury’ by threatening the use of force.” Under the act, it’s easy for women to make false allegations but, with the right criminal defense, you may be able to prove your innocence and protect your rights.

Domestic violence charges can result in severe legal consequences for defendants, including eviction, heavy fines and legal fees, and a permanent mark on your criminal record. Additionally, these charges can affect alimony and child custody. Some courts prevent parents with a history of physical abuse from visiting their children, even under supervision. Some of the normal privileges you’ve grown accustomed to throughout the years may be taken away from you as a result of a false domestic violence charge.

Don’t Fight Alone

During a divorce, things can get ugly. Don’t fight this battle alone. If you find yourself standing on the wrong side of a restraining order, call The Kavinoky Law Firm. We hire only the best attorneys in Los Angeles. We work around the clock to protect your rights. 1.800.No.Cuffs is the number to remember but hope you never need.

White Collar Incarceration vs. Other Felony Incarceration

Posted by Brianna Wilkins on

Incarceration is not the same for all criminals. Furthermore, not all states and counties are the same.

If you have a conviction for white collar crime, you may be wondering about your incarceration. Likely, you want to know if it will be different from those convicted of more violent felonies. The short answer: they’re different. For the longer answer, keep reading. While some call white collar prisons “resort prisons,” the dividing line is the protections for the outside world. To put it plainly, the biggest difference is the amount of security in the prisons for each type of offender.

Incarceration Type and Violence

Typically, white collar crimes non-violent in nature. They typically do not cause direct physical injury or harm to the victims. Therefore, white collar criminals get special sensitivity in some cases. In fact, in most cases, major-league, white-collar criminals don’t face much prison time. Consequently, the time they do spend in prison is in low-security penitentiaries where they enjoy freedoms unknown to other felons.

Minimum Security vs. Maximum Security Prisons

Prisoners who fall into the minimum security threshold typically sleep in dormitories or bunk beds with lockers. They use the lockers to secure their possessions. Also, there is very little supervision over the internal movements of prisoners, They are often given the freedom to wander the grounds and visit the different areas of the prison. Minimum security prisons often include libraries and entertainment rooms in which to read or watch television.

Minimum security facilities generally have a single fence that is watched, but not regularly patrolled. Prisoners often work off some of their time on community projects, like roadside litter cleanup or by working at a wilderness conservation. In most states, prisoners in minimum security facilities are allowed to access the internet and have more chances to see visitors.

The conditions of a minimum security prison are vastly different from maximum security prisons. In max, the prisoners have individual cells with sliding doors. A secure station controls when they open and close. It’s not uncommon for prisoners in maximum security prisons to spend 23 hours per day in their cell. When out of their cell, prisoners remain in the cellblock or an external cage. Movement in and out of these cellblocks is only with restraints and correctional officer escorts.

White Collar Criminals Adjust Well to Prison Life

According to researchers at the University of Cincinnati and the University of Missouri, white collar criminals adapt to prison just as well as other types of felony offenders. In some cases, they do even better. It’s true! The results of the study show that white collar criminals do have the same negative experiences as others. However, although this is the case, it is not true that white collar criminals don’t experience their own discomforts in a prison setting.

The assumption that white collar criminals can’t adjust to a prison environment is simply not true. Many theorize that because of their middle-class lifestyle, they struggle to acclimate. However, the truth is they are no more different than anyone else. In reality, white-collar criminals have the same number of problems and suffer from the same issues. In fact, in some cases, these offenders actually adapt better than others.

Criminal Defense Attorneys

About Darren Kavinoky and The Kavinoky Law Firm.

Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California. Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider, and is a sought-after guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.

What an Expungement Can Do for You

Posted by Brianna Wilkins on

Expungement of criminal history is not available to everyone. However, if you have the opportunity to delete your criminal history and move forward without shackles, take it. A great criminal defense attorney can help you.

While everyone makes mistakes, some mistakes come with repercussions that can last a lifetime. In the case of a criminal history, a mark on your criminal record can make day to day life difficult for years to come. Employers and landlords commonly ask job applicants and apartment seekers whether they have been convicted of a criminal offense. Employers may not hire, and landlords may not lease, to those who answer “yes” to the question.

An expungement can make landing a job and renting an apartment easier for those with a criminal record. Additionally, an expunged record can provide peace of mind, and make getting a loan and adoption a possibility. If you don’t want one mistake to haunt you for the rest of your life, an expungement may be the best route for you to take.

Expungement Eligibility

Both adult convictions and juvenile adjudications are eligible for expungement. Although expungement is an option for many with criminal records, not everyone can do it. To be eligible, you must meet very specific criteria. These criteria for expungement include:

  • Conviction must meet the guidelines described in Penal Code 1203.4, Penal Code 1203.4a, or Penal Code 17.
  • Complete the terms of your sentence, including any probation.
  • May not be imprisoned or serving time for any offense.
  • No pending charges for any other offense.
  • You must not have another conviction within one year of the first.
  • Probation not revoked or reinstated – for the charge in question.

Loans & Adoption

Some loan agencies believe a criminal conviction is an indication of irresponsibility. They believe a person with a criminal history is less likely to meet their financial obligations; therefore, interest rates are increased for individuals with a criminal history, if a loan is given at all. This means buying a home, a car, or paying for an education can be harder for those with criminal convictions.

Additionally, any person trying to file for an adoption in California and has a criminal background cannot normally petition for an adoption in the state. An expungement of your criminal record can help make the adoption process easier on all parties.

Jobs & Education

As previously mentioned, many employers ask prospective employees to divulge their criminal history. With an clean record, revealing such information isn’t mandatory. Although it is possible to lie on a job application, doing so is risking a violation of the law once again. By successfully cleaning up your record, you should be able to truthfully answer “no” in such situations.

The only time you may not answer “no” is when the question also asks “even if you’ve had it expunged.” This question is common for many professional license and, in these cases, you must acknowledge the conviction and answer “yes” even though there has been an expungement.

Additionally, applying for higher education becomes complex when hindered by a criminal conviction. Those with criminal histories may face hurdles. However, a great crime attorney knows how to fight for an expungement. This legal move can successfully remove this roadblock and open the highway to success. By successfully expunging your record, your criminal history will not affect your attainment of higher education.

Medical Marijuana Card in Hand. Now What?

Posted by Brianna Wilkins on
Medical Marijuana Card
Medical Marijuana Card

Medical Marijuana Card in hand? Now what do you do? Under Proposition 215, also referred to as the California Compassionate Use Act, California became the first state to allow residents to legally smoke marijuana with a recommendation or approval from a California-licensed physician. Proposition 215 states that medical patients and designated primary caregivers may legally possess and cultivate marijuana if they have a medical marijuana card.

Medical Marijuana Card

If you have your medical marijuana card, you may be wondering how Proposition 215 will affect your day to day life. This includes where you’re legally allowed to smoke and how much marijuana you’re legally allowed to have in your possession. Also, many doubt a California medical marijuana card protects you from federal prosecution.

How Much Can I Possess or Grow?

According to Proposition 215, patients may have whatever amount of marijuana is necessary for their personal medical use. While some may think this entitles them to unlimited amounts of marijuana, this is not true.

Patients are likely to face legal consequences if they exceed the SB420 guidelines. The SB420, established on January 1, 2004, stipulates:

  • Patients may ‘legally’ have six mature or twelve immature plants* and
  • Up to half a pound of processed cannabis.

Though the amount can vary between cities and counties, the amount designated in SB420 is the minimum throughout the state. Also noteworthy here, is the caveat for rentals. Although it is legal to cultivate marijuana, most landlords prohibit the act. Before you attempt to grow your own marijuana, be sure it is okay in your place of residence.

Where Can I Get Medical Marijuana?

Although Proposition 215 doesn’t legalize sales, thousands of collectives and dispensaries throughout the state are now open. Currently, there are three types of shops where medical marijuana patients can purchase medical marijuana:

  1. collectives,
  2. co-operatives, and
  3. dispensaries.

Collectives are groups of patients who pool their resources to provide medical marijuana to each other. Technically, these collectives should be non-profit and shouldn’t provide marijuana to outside patients. Co-operatives are non-profit and provide marijuana to patients in more of a shop-like setting. Dispensaries are for-profit entities that dispense marijuana. The main difference between a co-op and a dispensary is the tax-status of the entity.

Types of Medicine

Under Proposition 215, all parts of the cannabis plant fall under the provision. This includes seeds, buds, stalks, leaves, resin, and fibers. Anyone with a medical marijuana card in the state of California also has access to any medical marijuana and cannabis products. These products may be edibles, wax, hash, concentrated cannabis, and other marijuana bi-products.

Where Can I Smoke Medical Marijuana?

Typically, laws that govern cigarettes also apply to marijuana. Under state law, medical marijuana is only acceptable in certain places. It is illegal:

  1. Within 1,000 feet of a school, recreation or youth center,
  2. On a school bus,
  3. In a moving vehicle or boat .
  4. Marijuana of any type is illegal in the workplace and correctional facilities.

Employers still have the legal right to terminate an employee who tests positive for marijuana. Regardless of whether the patient has a medical marijuana card, he may face termination.

Additionally, medical marijuana patients are must smoke with discretion in public places. Additionally, many in the community suggest using only edibles in public spaces.

Federal Arrest Charges

In some cases, patients are not safe under the California law. Raids and arrests for those with cards are commonplace. Many face discrimination based on hearsay. Such claims include growing amounts the police believe to be excessive, or on account of neighbor’s complaints. Once patients receive charges, it is up to the courts to pass judgment on their medical claim.

Hiring a great criminal defense attorney in California is vital to protect your rights. Anyone with a medical marijuana card in the state of California can face federal charges. Since federal law trumps state law, the United States government has power over the state. Consequently, this means those in possession may receive a misdemeanor. So, we know those who cultivate can be charged with a felony. Medical marijuana patients are not protected while on federal land, and a California recommendation is not a defense in federal court.

State and Federal Law is Always Changing

Hire an attorney who knows what they’re doing.

About Darren Kavinoky and The Kavinoky Law Firm:

Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California. Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider, and is a sought-after guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.