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Employment Consequences of a Penal Code section 1203.4 Dismissal

You were convicted of a felony, have completed probation successfully, and went back to court for a dismissal.  The court agreed to reduce your conviction to a misdemeanor and dismissed the charges under California Penal Code section 1203.4.  Now what? Can you answer “no” to the question of whether you have ever been convicted of [..]

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What are the Disqualifying Offenses under Prop 47?

Proposition 47, passed by California voters on November 4, 2014, changed a number of specific offenses from a felony to a misdemeanor.  In order to qualify to have a prior conviction reduced to a misdemeanor under Proposition 47, the accused must not have a “disqualifying” prior conviction. Disqualifying prior convictions include the following: Any offense [..]

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Am I Eligible for Proposition 47?

Proposition 47 was passed by the California voters on November 4, 2014.  Under Proposition 47, specific offenses that had been felonies under California law were converted to misdemeanors. Proposition 47 added a new crime, Penal Code section 459a Shoplifting.  Under PC 459a, any person who enters a commercial establishment with the intent to commit larceny [..]

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The Police Are Listening!

  UPDATE: The American Bar Association (ABA) recently filed a report about prosecutors obtaining video recordings of attorney-client meetings from private-run prisons.  This absolutely confirms that law enforcement officers and prosecutors are attempting to listen to confidential communications in violation of the law. See the ABA story at this link. ORIGINAL POST: In 2003, I [..]

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My Brush with the Law

In early 1993, I had just completed the California Bar Exam and was settling into a routine to take my mind off the long wait to find out if I passed.  My best friend called and asked me to go have a few drinks with him.  I agreed and we ended up buying a six-pack [..]

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The Dangers of Speaking with Law Enforcement

The Dangers of Speaking with Law Enforcement ***** UPDATE: On September 4, 2016, an essay written by Professor James Duane from Reagent Law School in Virginia Beach, Virginia, was published in the local Redding, California newspaper.  This essay discusses the very real danger of false confessions as a result of relentless law enforcement interrogation.  Included [..]

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