In many instances, you can petition for an expungement under California Penal Code section 1203.4. If granted, an expungement allows you to withdraw your guilty plea and reenter a plea of not guilty. Basically, it gets the case dismissed for many (but not all)...
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Legal News & Editorial Articles
What are “Statute of Limitations?” Can you be arrested after the statute of limitations expires?
You cannot lawfully be arrested or prosecuted after the statute of limitations has run its course. This blog will focus on varying statutes of limitation for California crimes, not federal crimes. Statutes of limitations are a set of time periods which a prosecutor...
Will I lose my gun rights if convicted of a crime?
Short Answer: You could. It depends on the charge(s) you have been convicted of. California has some of the strictest laws in the nation relating to possessing firearms. Felonies You will lose your gun rights for life if convicted of a felony. However, you might be...
What Charges Might Matt Araiza Be Facing…And What Would Be His Best Defense?
Whether you are a football fan or not, you have probably heard the news regarding former San Diego State and Buffalo Bills punter, Matt Araiza. If you haven’t yet, here is a quick summary: An 18-year-old woman has accused Araiza and two other San Diego State...
Do You Have to Allow Police into Your Home Without a Warrant?
NO! And please do not…unless they have a search warrant. Law enforcement can only enter your home if you (or someone else that lives in the home) lets them in, if they have a warrant, or through some “exigent circumstances” (i.e., there is an immediate emergency, or...
I got arrested but no charges were filed… what will show up on my record?
Even in situations where no charges are filed or the case filed against you is dismissed, arrests still show up on many background checks. However, you may be eligible to have your arrest record sealed under two specific Penal Code sections: 851.8 and 851.91. The...
Why People Get Different Sentences for Committing the Same Crimes…And Should They?
You might wonder why people sometimes get different punishments for committing the same crime. Seems unfair on its face, right? Well, not necessarily when you dig a little deeper. Typically, there are three factors that influence a person’s sentence: (1) the nature...
Larry Millete Arrested for the Murder of Wife Maya Millete
If you live in San Diego or read our blog post back in July, then you are likely familiar with the months-long investigation into the disappearance of Maya Millete in Chula Vista. Well, we are finally getting some answers in the wake of Larry Millete’s arrest last...
Death Penalty Upheld for Dylann Roof in Charleston Church Murders
Dylann Roof, the individual that shot and killed nine Black churchgoers at the Mother Emanuel AME Church in Charleston, South Carolina in 2015, will continue to await his execution. The 4th Circuit Court of Appeals upheld his conviction and death sentence on August...
Your Cell Phone Could be the Worst Evidence Against You
If you are accused of a crime (that maybe you did, in fact, commit), you may feel comfortable that no one else knows about it, or that anyone who does know about it wouldn’t rat you out. However, witness statements are only one component of criminal investigations,...