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.

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

San Diego Drug Lawyer

                                               San Diego Drug Lawyer

Finding a good san diego drug lawyer with the San Diego Criminal Prosecutorial and San Diego Criminal Defense Experience is rare but Ashby C. Sorensen fits the bill. Ashby C. Sorensen is a San Diego Criminal Lawyer and San Diego DWI/DUI Lawyer who has extensive criminal and DWI /DUI legal expertise ranging from misdemeanor and felony DWI casesto fraud, robbery and drug crimes. Ashby C. Sorensen will always, 24/7, be able to assist any potential client that has been charged with either a San Diego criminal misdemeanor or San Diego criminal felony offense.

Aggressive Representation from an Experienced Defense Attorney in San Diego

         Defense Lawyer San Diego

There are many stages and steps throughout the process of criminal charges and you will want to be sure you are properly advised and professionally guided throughout them all. As your San Diego Defense Attorney, Ashby Sorensen will gather and discuss your initial arrest reports or investigation with you during your free consultation in order to assess your matter. We will diligently examine what allegedly happened and what did not happen so we can accurately get more information, as we know police reports may not always provide sufficient detail.

Criminal Defense Attorney San Diego

Perhaps you already have a criminal defense attorney  in san diego, but you are unsure if they are doing all they can for your case. You may be frustrated and unable to reach them and you want and need answers now. Our firm is happy to evaluate your case and advise you on whether or not your attorney is on the right track or you may have better options. Whether your case has been pending for awhile or you want reassurance that your attorney’s strategy is going to result in the best possible outcome for your charges, we are here to help. We have represented thousands of clients, gotten countless charges dropped and decreased punishments and sentencing. We look forward to doing the same for you and your matter.

Why Both Guilty and Innocent People Need a Defense Lawyer in San Diego

                                             San Diego Defense Lawyer    

Whether or not you are guilty or innocent, everyone who is facing criminal charges can benefit from hiring a qualified defense lawyer. Most innocent people think they can rely on the system and the court to hear their side and have the jury or judge believe them. Unfortunately, that is not always the case.  As such, you do not want to take the risk of being unprepared or unaware of how the system works, and end up losing your freedom as a result. On the other hand, if a person is guilty, they may also be unaware that a defense lawyer can help them battle their charges, help get a reduction, or even get their case dropped. An experienced defense lawyer san diego is more likely to know what constitutes a good “deal” or how to negotiate a lesser charge than the average person.