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St. Paul, Minn has a new bill that may someday make it’s way to California. It is called the criminal records expungement bill. The bill will allow those convicted of misdemeanors and some low-level felonies, to get their criminal records sealed.

The idea behind the new law is designed to help people go forward with their lives and help with potential jobs and housing. There are many companies who have policies against hiring people with a criminal record, even if that record is 20 years old. The mistakes people make when they are young follow them around for the rest of their lives and in many cases, prevent them from getting good jobs.

During the signing ceremony, a woman spoke of how two misdemeanor convictions, when she was 18 and 20, have derailed her getting hired with good companies. Even though she has changed her life and worked her way through college, her criminal background continues to hold her back. She earned a marketing degree but lost out on good jobs once a background check was done.

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Two graduates of an exclusive Pennsylvania prep school were charged with operating an extensive drug ring that dealt cocaine and marijuana to students at high schools and colleges in an affluent part of Philadelphia, authorities said on Tuesday.’

These two young men reportedly led the effort to create a “monopoly” on drug sales in the area and used high school students to deal drugs at their local schools. They are being accused of using the schools to create drug addicts and using their privileged connections to move the drugs through the suburban neighborhoods.

It is being reported that the young men referred to the drug network as the “main line take over project” which employed students from five of the local high schools and three colleges, to distribute cocaine, marijuana, hash oil and ecstasy. It is also being reported that the two young men, the leaders of the operation, expected the “sub-dealers” to meet quotas at the schools they were assigned to sell to.

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In very simple terms, a Ramey Warrant is an arrest warrant that is obtained by a police agency by going directly to a judge and bypassing the district attorney.

Typically, in order for a police agency to get a warrant, they must submit a report to the District Attorney and, if the District Attorney feels there is enough evidence to file the case, the police agency can request that the case be filed and at the same time, an arrest warrant issued. This is referred to as a “Walk-through Warrant.” However, with a Ramey Warrant, the officer may skip the district attorney and go directly to a judge. The police agency must submit a declaration, along with a report, to the judge setting out their reasons for requesting that the judge issue the warrant. If the Judge believes that there is probable cause, and sufficient evidence that this person has committed a crime, then the judge will issue the warrant. These types of warrants are often requested and processed after regular business hours.

So why would a police agency choose to get a Ramey Warrant instead of just the traditional arrest warrant? Well for one reason, it is faster. The police agency may not want to wait for the District Attorney’s Office to review the paperwork, which they have submitted. So, they bypass this and go straight to the source. However, most commonly, this is done when a police officer feels that he may not have enough evidence for the district attorney to actually file the charges. He doesn’t want to take the chance that the district attorney will reject the case. So, if he can get a judge to issue a Ramey Warrant, he can then arrest the person and question them with the hope of obtaining enough information and sufficient evidence to present it to the District Attorney for filing. Basically, the officer’s hope is that, once they have the individual in their possession, they will get what they need to make their case and end up with the sufficient evidence needed to get the case filed.

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Why Should I Seal My Juvenile Record?

Although you may have successfully completed your probation, having a juvenile record can have a negative effect on your life going forward. It may become an issue when you are trying to get a job or get into a college. Having your record sealed can help you get a fresh start without the fear of your past coming back to haunt you.

What Is A Juvenile Record?

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There are some who believe that as the weather warms up, there is an increase in criminal behavior. This however may be due to the increase in the number of interactions that people have with one another during the warmer months. Warmer weather can bring together potential wrongdoers, victims, and belongings all in the same place.

Southern California, with its beaches and warm weather, is a very popular vacation destination. Even for those who live in Southern California, the beaches become a popular place for people to hang out and party during the summer months. Orange County California is especially known for this due to the beautiful beaches and Orange County attractions.

Orange County law enforcement agencies are very well aware of this and employ officers specifically to watch the beach communities, making sure that things don’t get too out of control. They will be busy writing tickets and making arrests for disturbing the peace, drunk in public and disorderly conduct throughout the summer.

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As a criminal defense attorney practicing in Orange County, California for more than 20 years, I have represented many individuals charged with battery, as well as battery on a peace officer. The legal definition of battery is: “Any willful and unlawful use of force of violence upon the person of another.” We often hear the term “battery” in conjunction with the term “assault”. However, they have different meanings.

In California, “Assault” is defined as an intentional attempt to physically injure another or a menacing or threatening act or statement that causes the other person to believe they are about to be attacked. So notice that I said “intentional attempt”. You do not have to have had actual physical contact with another person to be charged with assault. Just the threat of physical harm can get you arrested if that person believes that you are serious. A failed attempt to hit, kick or strike someone is also considered an assault because you had intent to hit but missed. Unlike “Assault”, “Battery” requires some form of physical contact. A conviction for battery could result in a fine of $2,000.00 or jail time up to six months, or both.

When we talk about battery on a police officer, the charge becomes much more serious. Police Officers fall within a protected class, which, including peace officers includes custodial officers, firefighters, emergency medical technicians, lifeguards, security officers, and others who fall within this “protected class”. If convicted of battery on a peace officer, the penalties can include State prison for up to three years.

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California Penal Code Section 243.4 defines sexual battery as the non-consensual touching of the intimate part of another for sexual arousal, sexual gratification or sexual abuse. It can be charged as either a misdemeanor or a felony, depending upon the circumstances.

Some people may find this hard to believe but, even a slight pat or slap on the butt of another could result in a charge of sexual battery. It would most likely be filed as a misdemeanor but any type of charge for sexual battery looks bad.

There was a time when a man slapping a woman or girl on her behind may have been considered, in some weird way, an act of flirtation. But now, if that person was a stranger or even if they weren’t, if the person being slapped on the bottom is offended by the act, she/he would be within their right to file a police report.

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What is embezzlement and how is it different from a theft charge? Put in very simple terms, embezzlement is basically stealing from your employer. The distinction between embezzlement and theft is the term “entrusting”. It is the way in which the theft was committed. The Penal Code defines embezzlement as the unlawful taking of something from another that has been entrusted to you.

As an example, you work for a company in which part of your responsibility is to take in payments, make bank deposits and generally keep track of money coming in and going out. When your employer hired you they did so with the trust and understanding that you would perform these duties responsibly and truthfully. Because your employer trusted you, you were given access to the bank account, check books, and may even be authorized to sign on the account or issue checks. This is “entrusting” you to do the right thing. They obviously would not have hired you if they felt otherwise.

Penal Code 484 is defined as: “Every person who shall fraudulently appropriate property that has been entrusted to him/her is guilty of theft”. Because of the position of trust, it is considered more serious than a theft. The consequences if convicted will depend upon specific facts surrounding the theft. The value of the theft will determine whether the case is filed as a felony or a misdemeanor. This is called a “wobbler” and when deciding how the case will be filed, the district attorney will take into consideration the value, the circumstances of the theft and your criminal history, if any. If the way in which the theft occurred was highly sophisticated, showing lots of planning and deceit, the district attorney will be more likely to file the case as a felony. However, if you hire an attorney prior to the case being filed, during the district attorney’s review stage, your attorney may be able to convince the district attorney to file the case as a misdemeanor if it looks like they may be on the fence about it. A good defense attorney will present you in the most positive light as possible, giving the district attorney details about you and your life that may result in a misdemeanor filing rather than a felony. This is why early intervention is so crucial in these types of cases.

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Penal Code Section 851.8 provides that a person who has been arrested or detained and is determined to be factually innocent may petition the law enforcement agency or court having jurisdiction over the matter to provide for the sealing and destruction of the record of that arrest. Petitions concerning arrests may be filed for up to two years following the arrest filing date.

So, what exactly does this mean? Simply put, it means that if you were arrested and, according to the law should not have been, you may petition the court to destroy all records of the arrest.

A good example of a wrongful arrest would be if you were arrested for having a Vicodin pill in your possession and you repeatedly explain to the officer that you have a prescription for Vicodin but the officer arrest you anyway, rather than taking the time to find out whether or not you are telling the truth. The case is then submitted to the District Attorney. Once the District Attorney is made aware that you do in fact have a prescription for Vicodin, the case is rejected but the arrest is there to stay.

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