How a Certificate of Rehabilitation Can Benefit You – Discussed by a San Diego Criminal Defense Attorney

When dealing with the legal system there are sometimes many different options when it comes to how you are charged, the punishment you receive and how you can better your quality of life after the fact.  Because of attorneys, the judge’s discretion, the laws pertaining to your particular matter and the circumstances involved in your subjective situation, the outcome of sentencing can vary. However, you may have gone through all of the aforementioned stages of the legal system and are now curious as to how a Certificate of Rehabilitation may benefit you. California Penal Code section 4852 states that the court can issue an order declaring that a person convicted of a felony or certain misdemeanor sex offenses is now rehabilitated. This statement may help to create more positive outcomes in situations of employment, housing and other various aspects of life.

How to Obtain a Certificate of Rehabilitation

As for the majority of requests made to the court by an individual, a petition must first be filed. A petition is a formal request to the judge for a Certificate of Rehabilitation, stating reasons why you feel you deserve this certificate, proof of completion of necessary programs and evidence that all requirements of parole, probation, and sentencing have been met. Every petition is unique as is every set of circumstances and individual requesting a certificate is different. Exemplifying your rehabilitation and receiving a certificate is often not a simple or easy thing to achieve, but if the judge grants your request he or she will sign an order declaring your rehabilitation and you will receive a Certificate of Rehabilitation. In addition, you must not have committed any further crimes or been incarcerated consequential to committing the initial offense. Overall, if you do not meet the qualifications for a certificate, the court will deny your petition and you will not be given a certificate.

Benefits of a Certificate of Rehabilitation

Applicably, in addition to having this certificate, receiving a Certificate of Rehabilitation can benefit your life and well-being in a number of ways. Some benefits include increased opportunities to maintain and further your career through employment, relief from the sex offender’s registration if you were required to register and an automatic application for a Governor’s Pardon. The assumption that the certificate will erase or seal a criminal record is not true. In terms of employment, a Certificate of Rehabilitation will also not allow you to answer “no” when asked if you have been convicted of a crime if you were in fact convicted of a felony. Further information regarding how a Certificate of Rehabilitation can and cannot benefit your life should be discussed with an experienced San Diego Criminal Defense Attorney who is qualified to answer your questions and help you proceed with your petition.

Call a San Diego Criminal Defense Attorney to Learn How You Can Receive a Certificate of Rehabilitation

If you are looking for ways to better your quality of life and feel you qualify to receive a Certificate of Rehabilitation, contact Criminal Defense Attorney Ashby Sorensen. With your best interest in mind and years of experience, he will fight for your rights and freedom. Call (858) 999-6921 today for your free consultation.

Facts About Prescription Drugs and Charges in California – Reviewed by San Diego Drug Lawyer

In recent years an abundance of cases involving prescription drugs have found their way into the justice system. Unbeknownst to many, prescription drugs can carry some of the same consequences as nonprescription drugs. In some ways the laws are similar and in many ways they are vastly different. In order to protect yourself and your right to possession of certain prescription drugs it is important to understand the distinguishable differences or speak to a knowledgeable San Diego Drug Lawyer who can adequately answer your questions.

Possessing vs. Selling Prescription Drugs

The main distinguishing factor that segregates the laws regarding prescription drugs and nonprescription drugs is the act of selling versus possessing them. In California, if you have a valid prescription for a drug, you are legally allowed to possess it, which is not the case for nonprescription drugs. In addition, it is illegal to possess prescription drugs without a valid physician’s prescription, as it is also illegal to sell prescription drugs.

Seeing as it illegal to possess prescription drugs you do not have a valid prescription for, you may choose to visit another doctor if you are acting under good faith regarding your need and ailment, rather than obtaining the drugs without a prescription and risk penalty. Doctors have the right to deny a patient a prescription due to suspicion of addiction, and if this occurs the patient may have to disclose this information to the second doctor they solicit. If they fail to do so, they could be faced with allegations of deceit and charges may be brought against them. Falsifying symptoms in order to obtain a prescription is considered prescription fraud and is a punishable crime in California. In addition, if you choose to obtain prescription drugs for another person, you may additionally have committed the crime of drug distribution.

Penalties for Prescription Drug Crimes

In comparison to penalties for possession or sale of nonprescription drugs, the penalties for selling and possessing prescription drugs are parallel. It is important to note however, that the majority of prescription fraud charges in California are considered to be “wobbler” charges, meaning they can be classified as felonies or misdemeanors. If a person is charged with felony prescription fraud they are usually facing a maximum prison sentence of three years and a maximum jail sentence of one year if charged with a misdemeanor. Due to the “wobbler” nature of such charges it is important to have an experienced San Diego Drug Lawyer who knows the applicable laws and will fight aggressively on behalf of you and your rights.

Call an Experienced San Diego Drug Lawyer Today to Answer your Prescription Drug Charge Questions

San Diego Drug Lawyer Ashby Sorensen has extensive knowledge and experience helping clients just like you with their charges and securing the best possible outcome for their matter. Call (858) 999-6921 today for a free consultation to better understand your options or have your questions answered.

How Can a San Diego Theft Lawyer Defend Theft or Shoplifting Charges in California?

History of theft cases has shown it can be very difficult to defend a theft or shoplifting charge without proper and adequate knowledge of the laws and how they apply to the specific circumstances surrounding a case. The majority of influence on what charges will be filed and the penalties you face lie in the beginning stages of the case and rely on the discretion of the prosecution. An experienced theft lawyer however, can formulate an aggressive defense and combat the prosecutions charges at the outset to see that a charge is dropped or reduced as often as possible.

For example, if you are accused of stealing property that amounts to a value of more than $950, you are facing grand theft charges. In the state of California, grand theft is considered a “wobbler” charge, meaning it can “wobble” and either be classified as a misdemeanor or a felony. Seeing that the difference in a misdemeanor grand theft charge and a felony grand theft charge is a $1,000 versus a $10,000 fine and up to one year in jail or between 16 months and three years in prison, respectively, the stakes are very high depending on which way your case “wobbles.” In an instance such as this one, and many other types of theft cases, the role of a qualified theft lawyer becomes crucial to the outcome of your case.

How a California Theft Crime is Prosecuted

When a theft case goes to trial in California, the state, or prosecution, must prove that you committed the elements of the theft beyond a reasonable doubt. The defense’s job is to combat their allegations so each element cannot be proven beyond a reasonable doubt, which ultimately results in your case’s dismissal. The most common form of theft is defined as the intentional, permanent deprivation of someone else’s personal property, which a suspect did not have a right to.

Possible Defenses to Theft Charges

The crime of theft can often be difficult to prove if a skilled theft lawyer presents a strong defense on behalf of their client in order to protect their rights. For example, a client may have a viable defense if they did not intend to steal or permanently deprive the other person of their property. The charges may also be dismissed if the person accused of theft felt on good faith that the property was in fact their own personal property. There are many nuances and specific details in cases of theft or stolen property that may not qualify as a theft crime at all, however knowing the details of California’s theft laws is essential to an ideal outcome.

Contact a San Diego Theft Lawyer Today Who Knows How to Defend Your Rights

Theft charges can leave a lot on the line in terms of your future and your freedom. Don’t risk your charge being classified as a felony when an attorney may be able to reduce it to a misdemeanor. Call (858) 999-6921 now to schedule your free consultation with San Diego Theft Lawyer Ashby Sorensen, and get the answers you need regarding your theft charge.

Why You Need To Hire a San Diego Theft Lawyer

If you have been being charged with a criminal offense such as theft and you risk going to prison or jail, you will need to hire a San Diego theft lawyer. It is important for you to understand that every criminal case is unique is its own way. When you hire a criminal lawyer, the first thing that he will do is to determine the factors and arguments that will be used against you.

If the legal experts feel that there are high chances of a conviction, he will help to negotiate a deal which could involve a reduced sentence in what is known as plea bargaining. The plea bargaining may even see some of the charges brought against you dropped.

Criminal trial may be an emotion evoking affair. While the criminal difference attorney is not a therapist, they will help to make it easier for you to go through the trial period. They understand the rules followed during a criminal case and help you overcome the legal barriers. Since the lawyer has handled other theft cases, he will examine the evidence presented against you to look for loopholes that he can use to ensure that you are set free.

The San Diego theft lawyer can also help you in procuring of witnesses and evidence to help you to build a case. Many witness may not have confidence speaking to you due to the fear of their safety; However, they are likely to feel free when speaking to a criminal defense lawyer. Therefore, there are many reasons why you should consider hiring a criminal defense attorney. If you are searching for a San Diego theft lawyer, you should contact AshBy C.Sorensen.

What Constitutes as a Felony DUI Charge – Discussed by San Diego DUI Defense Lawyer

In California, driving under the influence of drugs or alcohol is commonly charged as a misdemeanor offense. However, there are certain instances and circumstances that can elevate a misdemeanor driving under the influence charge (DUI) to a felony DUI. The repercussions of such an elevation can result in heavier punishments and an increase in fines. When assessing whether a DUI charge should be a felony or a misdemeanor, the prosecution will determine whether or not there were “aggravating factors” involved. The majority of DUI charges classify as misdemeanors, usually including a first, second or third offense. Although, there are exceptions, regardless of which level of offense it is, that will elevate even a first offense “simple” DUI to a felony.

What Classifies as a Felony DUI and Possible Consequential Punishments

California DUIs are considered to be “priorable” offenses, which means the punishment assigned to the crime increases as the number of offenses increases. DUI offenses are considered within a ten (10) year time frame and may include offenses that occurred out of state yet constitute a DUI in the state of California. If you are convicted of a felony DUI you may be facing harsh sentencing such as sixteen months to three years of prison time, up to $1000 in fines, a four-year driver’s license revocation and an “HTO” (Habitual Traffic Offender) label from the DMV. If serious injury or death resulted from your DUI you may be facing a lifetime prison sentence and qualify for a “strike” on your record, in accordance to California’s Three Strikes law.

According to California law, the following “aggravating factors” may elevate a misdemeanor DUI to a felony DUI:

The DUI incident resulted in injury or death to another
You have 3 or more prior DUI or “wet reckless” convictions within a ten-year period
Your record indicates at least one prior felony DUI conviction

Although the aforementioned factors typically classify a DUI as a felony, the prosecutor may rarely use his or her discretion to classify the first two as misdemeanors. Because of the “wobbling” nature of DUI offenses it is important to fully understand the distinction between what constitutes as a felony or misdemeanor DUI, and to have experienced DUI legal representation.

An Experienced San Diego DUI Defense Lawyer Can Help Minimize Your DUI Charges
San Diego DUI Defense Lawyer Ashby Sorensen understands the DUI laws in California and fights aggressively against the prosecution to ensure his clients receive the best possible outcome.  His years of experience have earned him the ability to skillfully assess the details of your case in order to combat your DUI charges with the best possible defense. Call (858) 999-6921 now for your free consultation with a qualified DUI Defense Lawyer who is dedicated to fighting for your rights.

What Is an Expungement in California?

At the Law Offices of Ashby Sorensen, we often hear from people who suffer the misfortune of a criminal conviction many years before. Although these individuals have long since fulfilled their terms of probation, their criminal record comes back to haunt them by derailing a job application, home rental agreement, promotion, or immigration benefits. Some of these individuals hear rumors suggesting that their record can be “expunged,” which allegedly will provide a “clean record.”

While expungement of a criminal conviction can be a valuable form of relief from the burden of a criminal conviction, the scope and nature of relief granted often differs dramatically from the expectations of an individual that petitions for relief. Certainly, expungement is a valuable way to protect your reputation because many employers and landlords now run criminal background check that can be conducted in minutes online. However, San Diego Criminal Defense Attorney Ashby Sorensen provides straight talk about the benefits and limitations of the expungement process in this blog post.

Limitations on Relief from Expungement of a Conviction

The best way to understand expungement is to understand what it is not. An expungement in California does not seal your court criminal record nor does it “erase” an arrest from your rap sheet. A search of your California and FBI criminal history records or court records will still reveal the case though the disposition will show the expungement and dismissal of the charges based on a “not guilty” plea. The conviction also must still be disclosed if you are applying for a state occupational license or a job with the government, but the expungement can increase the chance you obtain the job. However, an expungement is important if you want to obtain a real estate license, teaching credential, security card certificate, or similar state occupational license.

An expungement also cannot provide relief in a number of other situations, such as:

• Reinstating the right to possess a firearm (with exceptions where a felony is reduced to a misdemeanor prior to expungement)
• Prevent the conviction from being used as a “prior” in subsequent cases
• Permit you to regain the ability to hold public office
• Prevent use of the conviction by DMV for license suspension or revocation matters
• Grant relief from sex offender registration (Mr. Sorensen might be able to accomplish this with an alternative motion depending on the specific situation)
• Bar use of the conviction to justify denial or revocation of a government license, permit, or certificate (expungement might be taken into consideration)
• Prohibit use of the conviction for denial of immigration-related benefits (expungement can improve the situation depending on the circumstances)

Benefits of Expungement of a Criminal Conviction

California law permits expungement of misdemeanors and felonies that could have been charged as misdemeanors (referred to as “wobblers”) with the exception of a few offenses expressly listed by statute as being ineligible for expungement. Despite the limitations indicated above, the expungement process can be an enormous benefit for many people with a criminal record. Once a conviction has been expunged, a current or pending private employer cannot ask about the offense or discriminate against you based on the offense. Further, you can truthfully answer “No” on applications for employment with private employers to the question of whether you have been convicted of the offense. Similarly, you can provide a similar answer when submitting an application for rental housing.

Application Process for Expungement

If you have completed all of your terms of probation without violation, you can petition for expungement. In some cases, our San Diego Expungement Law Firm might also seek to have your probation terminated early if you have fulfilled all the terms and conditions and/or request a felony conviction be reduced to a misdemeanor when pursuing an expungement. Mr. Sorensen can make the appearance for you, so you do not need to return to court for your expungement hearing in most cases.

If you have been denied a job, security clearance, rental housing, occupational license, immigration benefits, or promotion, San Diego criminal defense attorney Ashby Sorensen is committed to assisting people in preventing a criminal conviction from dictating their futures. Call the Law Offices of Ashby Sorensen today at (858) 999-6921 to schedule a free consultation.

The California Offense of Providing a False Information to a Police Officer (PC Section 148.9)

If you are confronted by a police officer during a traffic stop, on the street, or at your home, you might have concerns about how to handle the encounter.  Although a private citizen generally should avoid engaging in a discussion with a police officer, it is never advisable to lie to the police.  Law enforcement authorities have the legal right to stop an individual and inquire further if the officer has “reasonable suspicion” to believe an individual is engaged in criminal activity based on “articulable facts.”  This extremely brief form of interaction, which is referred to as a “Terry Stop,” is based on the landmark ruling by the U.S. Supreme Court in Terry v. Ohio. The Terry decision authorizes the officer to request identification and engage in a brief inquiry about an individual’s activities.

If an individual is confronted by a police officer who requests identification, the worst response is to provide false information.  An individual who provides false identification to a police officer, such as a false name or address, can be charged with a misdemeanor offense under Penal Code Section 148.9 (PC 148.9). This provision makes it a criminal offense to knowingly or intentionally represent false identification information to a law enforcement officer with the purpose of evading the obligation to provide proper identification or to circumvent the court process.  The type of false information that usually will amount to a violation under this provision generally includes a fake name, birth certificate, birthdate, or other information that would support a false identity.

A conviction under California PC 148.9 constitutes a misdemeanor that carries a maximum punishment of up to six months in county jail and substantial fines.  Despite this potentially significant punishment, the judge has considerable discretion to impose a lesser sentence that might not include any jail time depending on the defendant’s prior criminal record and surrounding facts and circumstances.

By way of example, a motorist might be pulled over by an officer who notices the driver weaving between adjacent lanes.  When the officer asks the driver his name, the motorist responds by providing the fictitious name “Bill Smith” because the driver knows he has an outstanding arrest warrant.  These facts might result in an arrest and prosecution for Providing a False Identity under PC 148.9.

Given a slight change in the facts where the motorist who is stopped gives the name of his brother who has no outstanding warrants, the individual might be charged with California Penal Code Section 529 (PC 529) False Impersonation.  This more serious offense involves impersonating another actual living person.  This offense requires a second act beyond the impersonation of another actual person.  This additional act might be signing a notice to appear in court.  An example of this offense might be a girlfriend appearing in a bail bonds office pretending to be the mom of an arrestee to secure bail for her boyfriend by signing the mom’s name.

False impersonation under PC 529 is a “wobbler,” which means that the prosecutor can charge either a felony or misdemeanor depending on the facts or circumstances.  When the offense is charged as a misdemeanor, the offense carries a punishment of up to a year in jail and/or a fine up to $1,000. If the crime is charged as a felony, the offense can carry a punishment of 16 months, 2 years, or 3 years incarceration, and a maximum fine up to $10,000.

If you have been charged with providing false identification or a related offense, our Criminal Defense Lawyer in San Diego provides a passionate defense of those accused of misdemeanors and felonies.  The Law Office of Ashby Sorensen is devoted exclusively to representing individuals charged with criminal offenses.  Call Ashby today at (858) 999-6921 to schedule a free consultation.

Can I Avoid Jail Time by Serving House Arrest?

House arrest, or Electronic Monitoring is a common restrictive punishment set forth by a judge that states where and how an individual must be confined, which usually includes their home, work or other places. Electronic monitoring is usually offered as an alternative punishment to jail time; it can also be a condition of being released on bond. The decision of whether or not to place an individual under electronic monitoring falls within the high amount of discretion of the judge. It is not simply offered to a defendant but must be sought by a defense attorney. Your attorney plays a large role in setting forth the reasons you should be assigned to electronic monitoring instead of a more severe punishment. This form of mobility restriction is highly monitored by the court and usually an officer is assigned to your matter to ensure you are within compliance. In order to comply, you may have to abide by a curfew, remain within a certain distance from your residence, and/or submit to random drug or alcohol tests.

Benefits of Serving House Arrest

Electronic monitoring is usually an attractive alternative to people considering you can serve your time or sentence from the comfort of your own home. This is also beneficial the state considering it alleviates time and expense of housing an inmate. The ability to maintain a somewhat normal lifestyle allows you to keep your job and work, attend counseling, be with your family and support them from home and attend to your life as usual. An experienced defense attorney San Diego will be able to work with the judge in order to present the best case as to why you should be placed under electronic monitoring rather than serving time in jail.

If you have already been sentenced to jail and are serving time, there may be an option of release and being placed into a electronic monitoring program. In order to determine if you are eligible, a score is calculated and assessed on your behalf. This calculation takes into account factors such as your ties to the community, your previous criminal record and history, the type of offense you were convicted of, and your employment status and history. Once you are released or put into electronic monitoring, the court’s probation department will monitor your compliance. Should you fail to comply you will be forced to complete the remaining time in jail. Such violations include not staying within your restricted area and failure to pay required fines or fees to your service provider.

See if House Arrest is an Option for You by Contacting Defense Lawyer Ashby C. Sorensen in San Diego

If you are currently serving a sentence or would like to know if you can avoid serving a jail sentence by being assigned to house arrest, our law firm can help. We understand how important and valued your freedom is and we are here to protect your legal rights. Call (858) 999-6921 now for your free consultation and see what your options are.

How to Expunge Your Criminal Record in California

Unfortunately, the consequences of having a conviction on your criminal record can follow you in a variety of ways throughout your life. Whether it is deterring you from finding or keeping a job, or securing suitable housing, a criminal record may have a lasting negative affect on your life. With the help of a defense lawyer however, you may not have to carry your past with you into your future. Expunging your record is a great way to clear your record and help alleviate some of the repercussions and social stigma that can come from having a prior criminal record. Expungement is the process of “cleaning up,” or removing past criminal convictions.

Expungement of Convictions in San Diego

Some counties in California handle expungements differently; however, most allow for felonies and misdemeanor convictions to be removed from your record. This is not done automatically and can be an intricate process that a defense lawyer can help you complete. The California Penal Code allows for a conviction to be expunged or dismissed upon the completion of the individual’s sentence or probation. Not all convictions are eligible for expungement and as such, it is best to discuss the details of your record with a defense lawyer.

Although most people assume that expungement means to completely wipe a criminal record clean, this is not the case. This can be incredibly valuable if you are able to deny you ever had any criminal convictions on a job application. After your conviction record has been expunged, your record of arrest and conviction will not be visible to the public. One of the most noteworthy benefits is that once your record is expunged, you may not be required to disclose that you have a criminal record or have even been convicted of any of the expunged crimes. Some records always remain however, such as the arrest records, which can show up on a thorough government background check.

Expungement Requirements

As previously stated, expunging your record does not happen automatically and must be initiated to become effective. A defense lawyer can help you assess your current and previous convictions in order to determine which are eligible to be expunged. In order to be qualified, you must have completed your sentencing or probationary period, and you cannot currently be convicted of another crime nor can you have any current proceedings pending against you. In most cases, there are certain types of convictions that may never be expunged. Some of these include: murder, rape, and sexual offenses against a child including pornography.

See How You Can Expunge Your Record and Contact Criminal Defense Lawyer Ashby C. Sorensen in San Diego

Your past does not always have to remain with you into the future. You may have options when it comes to expunging your criminal convictions and Criminal Defense Lawyer San Diego, Ashby Sorensen is here to help.

Criminal Defense Lawyer in San Diego

If you are having trouble finding a job, renting a home, or ridding yourself of negative social stigmas, expungement may help to improve your quality of life. Call (858) 999-6921 now for your free consultation and see what your expungement options are.

California Drug Offense Defenses – Reviewed by a San Diego Drug Lawyer

 

San Diego Drug Lawyer

If you are facing charges for the possession or possession for sale of drugs, you need an attorney by your side that will fight for your defense. You have legal rights and the justice system is not always easy to believe your side. San Diego Drug Lawyer Ashby Sorensen is experienced in drug law, and has fought for many individual’s rights and rigorously works for the best possible outcome of his clients. Call (858) 999-6921 today for a free consultation and learn what your options are, and how you can drop or lessen your drug charges.