What is “Diversion” in California?
To make it simple, there are two types of diversion in California – formal diversion and information diversion. In legal terms, diversion arguably avoids a criminal conviction on someone’s record. Diversion is typically offered when someone is a first-time offender or is facing drug charges. Formal diversion occurs when someone enters a plea, either guilty […]
How To Check for a Warrant in Newport Beach
There are a number of ways to check for an outstanding warrant in Newport Beach. Preliminarily, warrants are issued in felony, misdemeanor, and infraction cases. If a bench warrant is issued, then your driver’s license becomes suspended subjecting you to additional charges in event you’re pulled over by police. If there’s an outstand warrant, then […]
Public Intoxication Charges – Newport Beach – PC 647(f)
Those arrested or cited for public intoxication in Newport Beach were likely detained on the balboa peninsula. It is a misdemeanor offense charged under Penal Code 647(f) alleging that someone consumed alcohol and was unable to exercise care for themselves, others, or were impeding or obstructing the free use of streets of public way. Also […]
How to Reduce a Felony to a Misdemeanor & Expungement in California
Reducing a felony to a misdemeanor and obtaining an expungement are governed under different California statutes. However, obtaining relief can be accomplished within a single hearing. Moreover, both remedies are filed within the same petition. STEP 1: The first step before applying is determining whether the conviction sought to be reduced qualifies as a wobbler. […]
What is a California Certificate of Rehabilitation?
A certificate of rehabilitation is an order from the court deeming a defendant fully rehabilitated from the crime(s) they committed in their past. The process of obtaining this order entails filing documents in the appropriate court and following the proper service formalities. A hearing will be held which will allow the prosecuting agency a chance […]
California Certificate of Rehabilitation
A certificate of rehabilitation is an order from the superior court deeming a person fully rehabilitated from the crime(s) previously committed after demonstrating exemplary behavior. Once the order is given, it automatically serves as an application for pardon to the Governor of California. But obtaining a certificate of rehabilitation is much more difficult than most […]
Failing to Obey with a Subpoena – Court Issues “Body Attachment”
Subpoenas are issued commanding someone to appear in court as a witness. By following proper subpoena formalities, a subpoena becomes a court order. Failing to comply with a subpoena may result in the court issuing a “body attachment”. A body attachment acts like a warrant for someone’s arrest. Consequently, upon contact with law enforcement, a […]
Does a Victim of a Crime have to “Press Charges” for someone to be arrested or prosecuted in court?
“Pressing charges” merely means someone is desirous for prosecution. Moreover, it informs law enforcement and the prosecuting agency that a victim will be cooperative with the prosecution in their effort to convict the defendant. But contrary to popular belief, the prosecutor makes the decision to file charges against a defendant, regardless of the victim’s desire. […]
