what can an attorney ask about prior felonies in california

When you retain an Alameda, Contra Costa, or Bay Area criminal defense attorney to help you expunge a felony in California, they’ll start by asking questions and doing research on your behalf. The information they’ll gather includes your case number, the date you were convicted, and the specific law or laws you were convicted of violating.

Full Answer

Can you get a job with a felony conviction in California?

A felony conviction may, however, be considered in determining suitability for particular jobs. Depending on the specific crime, a California or federal felony conviction may result in either a permanent bar… or a disqualification for a period of time… from employment as, or with:

What happens if you don’t disclose a felony in California?

California law requires job applicants to disclose certain criminal convictions. Applicants who fail to disclose a felony conviction might not be hired if the employer finds out. Or if they are hired, they could be fired later on. Your rights can be violated by bias, even if it is not conscious.

What is a prior conviction of a felony?

Prior Conviction of a Felony felony. You were told about the conviction [only] to help you decide whether you should believe the witness. [You also may consider the evidence for the purpose of [ specify ].] You must not consider it for any other purpose. purpose, in which case, include the next-to-last sentence. For example, a prior

Can a felon run for public office in California?

People are legally obligated to disclose a felony conviction when running for high office, even if the conviction has been expunged. 67 But felons are disqualified from public office if they have ever been convicted under California or federal law of:

Are felony convictions discoverable in California?

More likely than not, the felony, as long as it was not a crime of moral turpitude, will not be admissible. So use your judgment as to what the felony was, the likelihood of it being brought up at trial and the effect to your client.

Can previous convictions be used against you in court?

If you called the prosecution witness a liar, you might find your convictions before the court. As with the old law, any convictions based on your 'MO' could also be introduced. So, if you have previous convictions for burglary and are now charged with burglary, the prosecution may apply to admit this evidence.

How long does a felony stay on your record in California?

If you've been convicted of a felony in Los Angeles, that will remain on your criminal record indefinitely. That is, unless, you file a petition to have your conviction expunged. Certain felonies in California can be expunged – or removed – from your record.

Can you ask a candidate about their criminal background in California?

California's ban the box law prohibits employers from inquiring into an applicant's criminal history before making a conditional offer of employment. Even after making an offer of employment, an employer cannot deny the applicant because of a conviction without making an individualized assessment.

What is meant by bad character evidence?

Section 98 of the Criminal Justice Act 2003 (CJA) defines bad character as 'evidence of, or a disposition towards misconduct…' In plain language, 'bad character' means evidence of misconduct, and/or evidence of a disposition towards misconduct, and/or evidence of a reputation for misconduct.

What constitutes evidence of bad character?

This means that Bad Character is evidence of: Convictions or cautions; and/or. other 'reprehensible' behaviour; and. which in either case do not specifically relate to the facts of the offence being tried at court, or to the investigation or prosecution of that offence.

How do you get a felony off your record in California?

How to Get a Felony Expunged in CaliforniaStep 1: Seek legal counsel.Step 2: Obtain and complete forms.Step 3: File for expungement.Step 4: Meet with your attorney to prepare for your hearing.Step 5: Your expungement hearing.Step 6: If your petition is accepted.Step 7: If your petition is denied.

How much does it cost to expunge a felony in California?

Including Court Costs, ALL Legal Work and Court Appearances: Felony Expungement $915* (includes a reduction to a misdemeanor when eligible) Sealing of Juvenile or Diversion Records: $2,250.

Can a felon get a passport?

It's possible to obtain a passport after a prior conviction, but it can still be difficult, according to Allen Orr, president of the American Immigration Lawyers Association. "If you were a smuggler and for some reason, you got off on a technicality or whatever reason," Orr said.

What is the California 7 year rule?

California law follows the FCRA's general seven-year rule as the limit for reporting most negative information on an employment background check. In California, criminal convictions can only be reported for seven years unless another law requires employers to look deeper into your background.

Who can see expunged records in California?

Criminal records are “public records.” So anyone can access a criminal record even after a PC 1203.4 expungement — unless the record is sealed. People who often access criminal records includes potential employers, landlords, and licensing agencies.

Can you ask about criminal history in an interview?

Meaning, under California law, it is against the law to ask an applicant any questions regarding an applicant's criminal history during interviews or on the job application itself. Employers should update their hiring procedures to ensure compliance with California hiring laws.

What is the number to call for a felony in California?

Call us 24/7. (855) 999-7755. Consequences of a California Felony Conviction. Shouse Law Group » Criminal Defense » Felony Consequences. Updated September 19, 2020. In California law, a felony by definition is a crime for which a person can be sent to state prison for more than one year.

What are the consequences of a felony in California?

Consequences of a felony conviction in California can include denial, suspension, or revocation of a California professional or business license. But only if the crime is substantially related to the qualifications, functions, or duties of the business or profession. 42.

What is the California Penal Code 29800?

70 California Penal Code 29800 (c) — Subdivision (a) shall not apply to a person who has been convicted of a felony under the laws of the United States unless either of the following criteria is satisfied: (1) Conviction of a like offense under California law can only result in imposition of felony punishment.

How long can a felony victim sue?

California law allows crime victims to sue the perpetrators for their damages from the crime. The right of a victim to sue lasts until 10 years after the convict is discharged from parole. 129.

What is the code for voting in California?

54 California Elections Code 2101 — A person entitled to register to vote shall be a United States citizen, a resident of California, not in prison or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.

How long is a prisoner on parole in California?

With few exceptions, every inmate released from a California state prison is placed on parole. The term of parole is generally three (3) years. Inmates convicted of certain sex crimes… and inmates who were sentenced to life in prison… may be placed on parole for five (5) years. 134.

Can a felony be reduced to a misdemeanor?

file a petition to have the charges dismissed. 76. A crime chargeable only as a felony (a “straight” felony) cannot be reduced to a misdemeanor. If you were convicted of a “straight” felony, you can only get gun rights restored through a California’s governor pardon.

What is a felony in California?

Legal definition of a "Felony" (Former DA explains) In California, a felony is defined as a crime that carries a maximum sentence of more than one year in custody. Felonies are more serious than misdemeanors, which are punishable by up to one year in jail. The most serious felonies can even be punished by death.

How much is a fine for a felony in California?

Sometimes the fine is set forth in the statute defining the crime. Where the amount is not specified, the judge can impose a fine of up to $10,000. This fine can be either in addition to — or instead of — time in jail or prison.

What is the penalty code for a felony in California?

It simply states that the offense may be punished pursuant to California Penal Code 1170 (h) PC. Penal Code 1170 ( h) PC is a catchall provision for felony sentencing.

How much can a felony be fined?

The most serious felonies can even be punished by death. People convicted of a felony may also be fined up to $10,000 in addition to, or instead of, imprisonment. 1 2. Alternatively, a judge might sentence a felony offender to formal (felony) probation.

How long is a burglary sentence in California?

Example: California Penal Code 461 (a) PC provides that first degree burglary is to be punished by a California state prison term of: Two years, Four years, or.

Can you expunge a wobbler felony in California?

There are many benefits to expunging a California conviction. One of the most important is that an expunged conviction does not need to be disclosed on most job applications. In the case of wobbler felony convictions, however, most people choose to have the felony reduced to a misdemeanor before seeking expungement.

Can a felony be reduced to a misdemeanor?

In some cases, a felony can be reduced to a misdemeanor after the fact. Under California Penal Code 17 (b) PC a felony can be reduced to a misdemeanor when: The offense was a “wobbler” felony, and. The offender was sentenced to and completed felony probation for the offense.

When did discrimination against felons take effect in California?

Discrimination Against Felons in California. Discrimination against felons in California: The new California law which took effect on 1st January 2014 now provides significant protection to ex-offenders (including felons) when it comes to job searching.

Can employers ask for prohibited information?

As a result, the employers can’t ask/seek/utilize any prohibited information. The employers in California are expected to pay due attention to this law since an intentional violation of this legislation may result in a punishment by a fine.

Can employers use a case if it is not resolved yet?

However, employers may utilize a case if it is not resolved yet, on-hold, or currently pending. This new legislation arguably extends relief to the felonies that can’t ever be reduced to the form of a misdemeanor (by law).

Is a wobbler a felony?

Plus, the law may impact felonies who are typically known as “wobblers” (a wobbler can be either a felony or a misdemeanor), where the Court doesn’t grant a motion in order to reduce the felony offense into a misdemeanor prior granting the final expungement (under Penal Code Section of 17b).

Goals to be Achieved by Sentencing

The sentence imposed for a felony in California is determined by a complex combination of the California Penal Code, the California Rules of Court, and the trial judge’s discretion. For guidance in sentencing, California has set out the factors or goals that a judge must consider before imposing a sentence:

Prescribed Sentences

Most felony offenses defined by the California Penal Code have prescribed sentences that apply. In most cases, three possible sentences are specified. For instance, the following felonies carry the following sentences:

Sentencing Considerations: Mitigating and Aggravating Circumstances

California law allows a judge to consider mitigating circumstances and aggravating circumstances to determine which of the three statutory sentences to impose. Mitigating circumstances may reduce the sentence that the judge imposes, while the existence of aggravating circumstances may cause the judge to impose the upper limit of sentencing.

State Prison or County Jail?

Most statutes defining a felony offense specify imprisonment for the offense. California law requires that felons serve their sentences in county jail rather than state prison unless

Sentence Enhancements

In addition to the sentences spelled out in the definition of a felony, the sentence must be “enhanced” or increased for certain offenses. An enhancement, unlike an aggravating factor, must be charged by the prosecution and proven at trial beyond a reasonable doubt.

Felonies Not Eligible for Probation

Instead of imposing incarceration as a sentence, a judge may sentence a defendant to probation. Not all defendants are eligible for probation.

Felonies Presumptively Ineligible for Probation

Other felonies are presumptively ineligible for probation. These felonies include:

The Consequences of a Felony Conviction

Have you or a loved one been arrested? Are you worried that they may be charged with a felony?

First – What is a Felony?

Crimes in California are divided into one of three categories. Those would be infractions, misdemeanors, and felonies.

How Long is a Felony Sentence?

In California, felony sentences are divided into one of three terms, depending on the crime’s severity:

How Long is Each Term?

The terms for each crime are usually pre-defined in criminal statutes. Those statues also define if a term is to be served in county jail or state prison.

Sentencing Aside – What About Fines?

Some punishments do include fines. They can either replace or supplement a prison sentence. The fine is usually defined in the statue related to the crime.

Felony Probations – How Do They Work?

If you or a loved one has been accused of a felony, then you might want to pursue a felony probation.

Probation Conditions and Consequences

While on probation, an offender must follow a certain set of rules, which may include:

What is the one strike law in California?

California’s one strike law, Penal Code 667.61 PC, extends prison sentences for certain sex crimes. It is called the “one strike law” because the longer sentences apply on the first conviction. 29. The one strike law applies to people convicted of certain crimes with certain “ aggravating factors .”.

Can you get parole under three strikes?

If you or a loved one are serving time under three strikes, you may be able to get your sentence reduced. You may also be able to apply for parole.

Can you fight a three strike sentence in California?

You can fight a California three strikes sentence in different ways. You can ask a judge to remove a strike prior by way of a Romero motion. Or you can fight to have a felony charge reduced to a misdemeanor. California’s three strikes law has changed a lot over the past decade.

Can a three striker be paroled in California?

Some three-strikes defendants may be eligible for parole under California law. California voters passed Proposition 57 in 2016. Prop 57 is an amendment to the California Constitution. It states that everyone convicted of a nonviolent felony is eligible for parole.

What is a preliminary hearing in California?

In California, after a prosecutor files a felony complaint with the court, California criminal law requires the judge to hold a preliminary hearing (oftentimes referred to as a “ prelim ” or probable cause hearing). The purpose of the preliminary hearing is to determine if there is enough evidence to justify holding the defendant to answer for ...

What is the burden of proof in a preliminary hearing?

The prosecutor’s burden of proof. The burden of proof at a preliminary hearing is much less than that of a California criminal jury trial. In order to convict you at the conclusion of a jury trial, the prosecutor must prove to a moral certainty…that is, beyond a reasonable doubt…that you are guilty of the offense (s) as charged.

What is a public offense?

Public offenses include both misdemeanors and felonies. (Pen. Code 15, 16.) Penal Code section 860 contemplates a preliminary examination where the public offense is “Not a felony, but within the jurisdiction of the superior court,…” (Subd. 1.)

What is preliminary hearing?

A preliminary hearing is one of the earliest stages in California’s pretrial criminal court process. It is a special proceeding, held before a judge or magistrate, to determine if there is enough evidence to “hold you to answer” for a trial as to the charges.

Can a judge reduce a felony to a misdemeanor?

Some good news for the defense is that California criminal law authorizes a judge presiding at a preliminary hearing to reduce afelony to a misdemeanor. However, this is only the case with respect to wobblers.

Can a 995 motion be dismissed based on probable cause?

And if the evidence at the preliminary hearing is subject to two interpretations…that is, one pointing to possible guilt and one pointing to possible innocence…the trial court must accept the judge’s ruling and cannot grant a California Penal Code 995 motion to dismiss based on a lack of probable cause.

Can a wobbler be a felony?

And once the judge declares a wobbler a mis demeanor, the prosecutor may not re-file the charge as a felony without the judge’s approval. 28 Also important to note is the fact that the judge has the discretion to reduce felonies even in cases subject to California three strikes law. 29.