If the application states that you must disclose expunged convictions, you must do so. Once the conviction is expunged most employers will not be able to find out about the prior conviction and you are legally permitted to state that you’ve never been convicted of the crime.
No. A strike is defined as serious or violent under the Three Strikes laws. For a violent felony, the person must do 85% of the time imposed. A first offense for a serious felony, although also a strike, will still make the person eligible for 50% time on the first offense. A second qualifying offense…
It depends on the extent of the injuries and if weapons were used. Juvenile courts tend to emphasize rehabilitation over punishment when possible. If your daughter didn’t use a weapon and there were only minor injuries or no injuries to the officer, the court will likely set the focus on having your daughter not reoffend.…
Law enforcement can question a minor during an investigation without a parent being present. The minor can refuse to answer questions from law enforcement or can ask for a parent to be present. The law regarding admissibility of a defendant’s statements is complex. Hiring an attorney experienced in handling juvenile matters is the best option.
Yes, you should get a lawyer – the sooner the better. The seriousness of the injuries, and the gang enhancement make this a violent felony with significant consequences and a potentially lengthy “prison” term.
The issue is whether you have successfully completed the terms of your probation. One of the terms appears to be that you pay restitution of the government benefits you improperly received. If you haven’t paid the restitution, you have not successfully completed the terms of your probation and you will not be entitled to an…
Yes, it is illegal under 18 United States Code Section 2320. The penalty is based upon the value of the infringed item (which is the genuine item, such as Gucci or Chanel) instead of the value of the infringing item (the fake). It is punished similarly to a theft. Advising a potential customer that it…
Possibly, but that depends on several factors. Are the charges for a felony or misdemeanor? Have you ever been in trouble before? Was the “victim” seriously hurt? Is there a warrant outstanding? If there is a warrant, you will want to get that recalled by placing your case on calendar. An attorney can help you…
In California, in excess of 50 years. Under the “10-20-Life” laws for gun use, a 10 year enhancement can be assessed for each victim on whom the gun was used, plus 9 years for the robberies. Of course, these cases depend on the facts, especially regarding the gun use. You need an experienced criminal defense…
If your son pleads to auto theft, Vehicle Code Section 10851(a), there are five possible sentences for that crime: (1) felony probation with up to one year in jail; (2) the mitigated term in prison, which is 16 months; (3) the middle term in prison, which is 2 years; the aggravated term in prison, which…
It is important that you contact us as soon as possible if you are facing criminal charges. Let the experienced criminal defense attorneys at Hammerschmidt Law Corporation protect your rights.
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Hammerschmidt Law Corporation's criminal defense attorneys are located in Fresno, CA and serve Central California clients, including those in Fresno, Kings, Madera, Tulare, Merced and Stanislaus counties. We are available to represent clients in all federal courts in the United States. Attorney Advertising: This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.