Fresno Criminal Defense Attorney | Fresno DUI Attorney Serving all of California

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If you have been convicted of crimes in the past and want to move on with your life than you should give us a call so that we can help you with the process, we have helped many other people get there lives back on track after convictions.  As an Attorney with more than 16 years of experience  I can help you get through this. 

WHAT IS AN EXPUNGEMENT?

A succesful Expungement will withdraw "guilty" or "no contest" plea and dismiss the case.  Defendants convicted of a Misdemeanor, or Felons sentenced to probation, local county time "aowp" and other local committements may be eligible for an expungement.  Even people with AB 109 time may be eligible for expungements.  

Defendants may  file this petition once they have paid all fines are not currently on probation for another offense, and have no active cases before the court. 

BENEFITS OF A DISMISSAL?

The offense is no longer considered a conviction

If all of your convctions are dismissed you can mark "no convctions" on applications

All empolyers cannot legally consider as a basis for employement or non employment or advancement or lack of advancement.

May help with licensing with state agencies.  (Nursing, LVN, and teaching Credential) 

May help with housing or voucher programs

may help with Immigration consequences

May help with eligbility for financial aid

WHAT ARE NOT THE BENEFITS OF A DISMISSAL?

It can still be used for future prosecutions

May still limit professional and occupational licenses 

Does not affect your gun rights and 

There could be other limits to the expungement.  Many people will ask me if it is still worth it to do the expungement, and my answere most of the time is yes it almost always helps I think to get an update on your records and to help you get back on your feet, and get some of these problems behind you.  

When doing expungements we will usually order your records including DOJ and local records to research to determine exacly how the expungement will help you and then move forward by getting a court date.

The Judge makes the final determination on the case some expungements are discretionary and some are not.  

The best thing for you to do is get the expungements done and move forward with an update of your "rap sheet" and criminal history to help you as much as possible. 

If after reading this article you have more questions give us a call at 559-441-1418.   

 

If after reading this article you have any questions about the specifics as to how to clean up your record give us a call at 559-441-1418.  we can help you to get this part of your life behind you.  

STEPS TO CLEANING UP YOUR RECORD

 

1.  The first thing you need to do when cleaning up your record is to find out exactly what is in your criminal record.  

bolow are some ways to go about this

 

Go to the clerks office and get a copy of your criminal history. you may  have to go to the arhives department at the the Fresno County Archives. 

You can also go the Fresno County Police Department Records Division to find out if you have any local criminal history.  

You can also obtain a fingerprint background check by submitting a doj request for live scan services.  

You will be given instructions by the DOJ on how to fill out the form and exactly how to do a live scan fee waiver and instructions.

 

CLEARING YOUR RECORD

There are many different paths to post conviction relief if you have served your sentence and have no open and active cases then you  may be ready to clear your record under one of the various forms of post-conviction relief.  

expungement 

Felony reduction

DEJ for Immigrants

Proposition 47

Proposition 64

Certificate of Rehabilitation

You need to speak to an Attorney about the various forms of relief and what works best for you before proceeding.  Proceeding whithout first getting legal opinions from an experienced Attorney could have adverse affects on you so if you still have question give us a call at 559-441-1418.

 

If your child has been arrested you will have a lot of questions and it is imperative that you get the help of an experienced juvenile defense attorney.  I have obtained knowlege of the Juvenile Justice System from many different angles having been a Juvenile Corrections Officer, Probaiton Officer, and Deputy District Attorney as well as a Criminal Defense Attorney

with 16 years of experience in the Juvenile Justice system.  

below I will be giving an overview of the system in Fresno; however, this overview can be applicable to the system in other counties as well  

ARREST:

Juvenile accused of committing crimes will have contact whith law enforcement the officer will either cite and release the minor or take him or her to Juvenile Justice Center for booking.  If the minor is cited then he will either have to appear in Juvenile Court or will have to meet with a probation officer.  

The officer can arrest and then realease to a parent or guardian.  

nex the minor if tanken to the juvenie justice center will be taken into custody and booked

BOOKING/CUSTODY

The minor will be interviewed

a brief medical assesment

the minor will be assed to see if he is a danger to himself or others and if he has ganb membership or affiliation and the juvenile will be assigned to a housing pod based on the results of the interview and other determinations.

CUSTODY HOUSING PODS

After the juvenile is booked they are assigned to a housing pod.  This will be based upon where the minor wil be safe any gang involvement and other factors that affect the minors needs.  

the minors charges are also assessed to find out where the minor would be best served and how to best serve the minor. 

FIRST HEARING IS THE DETENTION HEARING

After a minor is arrested the Juvenile Court or the arresting agency has 24 hours to file a petition, what is referred to as a complaint in the adult system if ithe crime is a felony they have 48 hours.  this excludes holidays and weekends.  the charges are outlined in what is called a petititon not a complaint.  Sometimes the District Attorney will decide not to file charges against a minor and the minor will be released with no charges filed.  If the case does not proceed whithin the time frame then the minor must be released from custody.  Therefore if the cases does not go to adjudication within the 10 days then there must be a  release of the minor even if the case will be refiled by  the District Attorney at a later point.  

At the detention hearing the charges will be read the minor will be appraised of his or her rights and an Attorney will be present on behalf of the minor. 

ADJUDICATION HEARING (COURT TRIAL)

Again within 10 days of the detention hearing the court trial must begin for the minor unless there is some type of time waiver.  This will depend on the nature of the charges and the decisions of the Attorney.  Minors are not entitled to a Jury Trial  many of the other rigths are afforded to minor that are similiar to the rights of an Adult. 

DISPOSITION/ SENTENCING

A disposition hearing is what is referred to as a sentencing hearing in adult court.  

there will be a probation report prepared by the probaiton officer and there will be all parties present during this hearing.  The Judge will make his decision on what should happen to the minor based upon the imput of all the different parties.  

If after reading this article you still have question give our office a call at 559441-1418.

 

 

 

 

 

 

 

If your child has been arrested or detained at Juvenile Hall you will have a lot of questions about the process of Juvenile Court and exactly what will be happening, and about the process both you and your child will be going through.  As a former Juvenile Corrections Officer, Juvenile Probation Officer and Attorney with more than 15 years of experience in Juvenile Law I can help you.  If you have questions after reading this article give us a call at 559-441-1418. and we can get you and your child through this. 

 

ARREST AND DETENTION

The first thing that will happen that will bring your child into the system is that they will be arrested or detained.  What that means is that there has been an allegation of the kid breakin some law of city ordinance.  

The officer will either cite the child with a date to go to Juvenile Court or the child will be detained at the Juvenile Justice Center and brought to court within 48 hours for a Detention Hearing. One main difference between adult and Juvenile Court is that there will not be the right to bail at this stage of the proceedings. 

WHAT IS A DETENTION HEARING AND WHAT HAPPENES THERE?

In Juvenile Cour the charging document is calleda  petition.  Meaning that will outline the charges against the minor and what the allegations of the law violations are exactly.  The court must find that there is a prima facia case that a violation of the law has been allged in the police reports.  The minors counsel could stipulate to the prima facia case if  the reports appear to accurately allege a crime has been committed in the petition.  

There are several things that happen at a detention hearing.  One of the first things  that will happen is that an Attorney will be provided to the minor if you cannot afford one. 

Next a detention memo will be prepared by the court to determine if the minor should be detained at JJC, released on the monitor or returned to the parent pending the outcome of the hearings.  

From this point on certain rights come into play the right to an Attorney the right to a speedy trial, although unlike the adult courts there is no right to a public Jury trial in fact all proceedings are confidential to protect the minor. 

Also there are strict time limits within things can happen in the Juvenile Court such as 15 days after the detention the Adjudication must be heard.  If the minor is sleeping at home or out of custody then the minor will have the right to an Adjudication within 30 days. 

Also at the detention hearing the court will make the decision regarding wether the minor will be housed at JJC many factors go into this consideration such as school performance prior history and other factors such as risk to the community and seriousness of the charges.  

WHAT IS AN ADJUDICATION HEARING?

An adjudication hearing is the terminology used in Juvenile court for a hearing that is a juvenile trial.  At that hearing the minor does not have the right to a public or Jury trial.   A Judge will be the sole arbiter of the hearing and  will make the decision as to the truth or veracity of the charges called a petition agains the minor.

Your child will have all the other rights that would he would have if the minor was being charged in adult court.  Therefore, you need an attorney who is experienced in both Juvenile and adult court to properly represesent your child.  If you have question after reading this article give us a call at 559-441-1418.  

 

 

If your child has been arrested or charged with a crime in Juvenile court you need experienced counsel that has practiced in  Juvenile Court.  There are differences between adult and Juvenile Court that only an experienced Attorney that is used to practicing in Juvenile Court will know.  As a former Juvenile Probation Officer and an Attorney that has practiced in Juvenile Court for more than 15 years I can help your child out.  If you have questions after reading this article give our office a call.  559-441-1418. 

WHAT ARE SOME OF THE DIFFERENCES BETWEEN JUVENILE AND ADULT COURT?

One difference is there is no bail in the Juvenile Court.  Instead there is what is referrred to as  a Detention hearing there the Distsrict Attorney must show there is a prima facia case and that the minor should be detained in Juvenile detention pending the outcome. The minor could be released to parents or placed on the gps system to ensure that he is going to school 

JURY TRIAL

There is no right to a jury trial in the Juvenile court the court will hear any evidence that there is in what is called a dispoition hearing.  At that hearing most of the rules of a trial are in play except for a few.  And a Judge is the sole decision maker rather than picking 12 jurors.  

TIME LIMITS

In Juvenile Court the time limits are much different 15 day limits on in custody minors and thirty day limits on out of custody minors.  This is unless there is some kind of time waiver.  

CAN A MINOR BE TRIED IN ADULT COURT?

The short answer to that is yes but only if certain criteria are met.  The minor has to be 16 or older. And the minor has to go through a transfere hearing where the court will decide by a preponderance of evidence if the minor is emenable to treatment at the Juvenile level.  

The court will look at several factors including the level of sophistication shown by the minor how involved in the underlying crime the minor was and if the minor can be rehabilitated before the age of 25 when the juvenile court jurisdiction terminates.  If the minor is being tried as an adult this is a very serious matter the minor if tried as an adult could be subjected to much more time.  For example if the minor is charged with a homicide and is currenlty 17 he could be held until 25 if in Juvenile Court.  whereas if he is tried as a juvenile then he will be subject to first or second degree murder which could subject him to the rest of his life in prison.  

There is no changes to this law above that made many more minors able to be in juvenile court.  We have had success under these new guidelines keeping the minor in Juvenile court and stoping them from being subjected to life in prison.  This gives the minor the chance to be rehabilitated at the local level and can help minors turn there lives around.  Many minors are being held in Juvenlie Court now instead of being transferred due to the changes in this law.  There the juenile court judges that are more experienced with juvenile matters can find alteranatives to decades long imprisonments for even first time offenders and better serve the needs of the minor and the community.  In the past other Judges would get the cases that may not have the experience with more youthful offenders.  

 

So as you can see this can be a complex area of the law if you have any questions give us a call at 559-441-1418.

 

 

If you have more than one DUI you could be facing vastly more serious conseuquences for second and third DUI's.  If you have questions after reading  this article please let me know and we can schedule a confidential case evaluation, and determine what your best course of action is.  

WHAT ARE THE PENALTIES FOR SECOND OFFENSE 23152?

Whithin 10 years (Vehicle Code section 13352, 23536, 23538) the following are some maximum and minimum fines jail time, payments etc that you could be facing on multiple dui counts.  90 days to one year in jail.  $390.00 to $1,000.00 fine.  and a 2 year drivers license suspension.  If granted probation it could be up to 5 years.  

THIRD OFFENSE DUI? VEHICLE CODE 23152 Within 10 years (Vehicle Code 13352, 23546, 23542)

The third offense DUI has a jail penalty of 120 days up to 1-year in jail, or $145.00 dollar fine to $1,000.00 fine or both and a 3 year license revocation.  If granted probation it could be up to 5 years.

RECKLESS DRIVING (REDUCED FROM DRIVING UNDER THE INFLUENCE(VEHICLE CODE 23103.5)

I understand that the following is the mininum and maximum sentence I can recieve for the offense above.  5 days to 90 days in jail. or $145.00 to $$1,000.00 fine or both If alcohol or drugs are involved, this conviction will act as a sepeate dui conviction fi a committ a subsequent DUI offense within 10 years.  If granted probaton it could be up to five years.  

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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