Can I expunge my felony charge from before?

Yes you can. However, the proper term is dismissed pursuant to 1203.4. The term is expunged is used very broadly and is  more marketing then anything else.  Expunge means to make go away completely. This is not the case.  Your case will be dismissed. It will reopen the case and change your plea or disposition and then dismiss your case.  That way when you have a questionnaire you are filling out, you can honestly answer you have never been convicted of a crime. This is assuming you no other crimes to answer for.  This is great for job hunting. A lot of times, what we do in our past will come back to haunt us and by taking care of this early, we do not have to keep paying for it after we pay our dues.

Can I lose my license from too many points on my DMV?

The short answer is yes. You do not want to accumulate too many points. minor traffic violations count as 1 point and DUI and reckless driving counts as 2 points. The best way to deal with points is to take it to court and fight it or take the traffic school to make it go…

Is a vehicle search legal if I was arrested for being under the influence of drugs?

A warrantless search is unconstitutional. They would have to need  a valid reason to search your car.  There are many ways to search your car,  the scope of which will go beyond this blog. One of the main ways is consent. I don’t understand why people always give consent to the cop to search their car especially…

Can I get a DUI if I am driving in a parking lot?

Yes you can. Don’t drink and drive! There are many ways for you to get a DUI. Quit listening to your friends about what you can and cant do for a DUI. Many of them do not know what they are doing and are givig legal advice when they should not be. That goes for…

Could the case get dismissed if the officer doesn’t show up for a ticket?

The short answer is yes. This is what call the cop lottery. People will play it and win while others will play it and lose. You lose your time and the pay you would have gained had you not have to go to work. However, there are sometimes exceptions. Such as when you make a…

I have a warrant but there was no arraignment, what can I do?

There is a good chance that you missed a court date. Often times, we would have a citation with a date to appear on it. Unfortunately, this is good enough to give us notice. However the prolem is that a lot of times we wait for something in the mail and rely on it and it…

Arrested for Disorderly Conduct and released. Is it on my record?

I was arrested the other night for disorderly conduct. I was arguing with a cop because my buddy had gotten thrown to the floor by the bouncers because he had taken a picture of a girl and he didn’t want to erase the picture. Might I add, the picture wasn’t anything bad or sexual it…

How can I get a theft charge off of my record?

Under Penal Code 1203.4, you are allowed to reopen your case and dismiss it. Assuming there are no other convictions on your record, you are legally allowed to say that you were never convicted of a crime. However, there are limitations. These limits have to do with state licenses, public jobs and handful of other things. I…

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I've grown up in Southern California and attended Cal State Fullerton and Pacific Coast University School of Law. My entire career has been devoted to helping people who have been charged with crimes. I believe most crimes are prosecuted under the assumption they will not be defended.Read More About Me»
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