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.

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.

Criminal Defense Lawyer San Diego, California

San Diego Criminal Attorney

Mr. Ashby C. Sorensen understanding of criminal law and his skill as a trial lawyer sets him apart and he has been regularly recognized as one of California top up and coming criminal defense lawyer in san diego.

Premiere San Diego Domestic Violence Lawyer

San Diego Domestic Violence Lawyer

The Mr.Ashby C. Sorensen is widely regarding as a leading Domestic Violence defense Lawyer in San Diego. The Mr.Ashby C. Sorensen has successfully defended hundreds of people charged with felony and misdemeanor domestic violence offenses in San Diego.

If you or someone you care about is facing a domestic violence charge, the criminal defense attorneys at the Mr.Ashby C. Sorensen can help explain the charges and properly defend against them. We can be reached twenty-four hours a day, seven days a week at (858) 999-6921.

Types of Drug Crimes in San Diego

                                                        San Diego Drug Lawyer

It is important that you retain representation that can defend your case and help you effectively pursue a favorable outcome in court. At The Law Offices of Ashby C. Sorensen, our San Diego Drug Lawyer are dedicated to providing such excellent representation for our clients, and we have a long history of success in the cases that we have handled in the past. Your situation is important to us, and we can assist you with representation in any of the following drug crime scenarios:

• Cultivation
  Distribution
  Drug crimes involving children
  Manufacturing
  Possession
  Possession with intent to sell
  Prescription drug fraud
  Solicitation
  Trafficking
  Transportation
  Using prescription drugs for illegal purposes

The Difference Between Petty Theft and Grand Theft – Answered by a San Diego Theft Lawyer

   Theft Lawyer San Diego

If you have been charged with a theft related crime, you need to act quickly and obtain the legal representation you can trust to safeguard your legal rights. The sooner you can work on your defense and retain an experienced San Diego Theft Lawyer, the more confident you can be when facing your charges. Call (858) 999-6921 now to schedule your free consultation or ask Attorney Ashby C. Sorensen any questions you may have about your charges.