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.

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.

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.

Contact an Experienced Defense Attorney in San Diego – Ashby C. Sorensen – Today

Defense Attorney San Diego

If you are facing criminal charges, your attorney and your defense are the only two things working in your favor. It is important to hire a San Diego Defense Attorney who has your best interest in mind and will work for the best outcome to your case. Help us help you protect your legal rights. Call (858) 999-6921 now for your free consultation and to start building your defense today.

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

Choose the Best Theft Lawyer in San Diego

Have you been charged with theft or stealing?  Are you unsure of what will happen next?  If the answer is yes to either one of these questions, you need to speak to a criminal defense lawyer.  You could be facing fines, possible jail times and a criminal record.  Ashby Sorensen is a San Diego Theft Lawyer with extensive experience defending theft and other theft charges.

San Diego Theft Lawyer Ashby Sorensen is experienced in defending theft charges and can help guide you through the court process to ensure your rights and way of life are protected.  If you or a friend are looking for a criminal lawyer in San Diego to defend a theft or theft case, call us now. (858) 999-6921.