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.

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.

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.