You are not automatically entitled to a public defender. You must first submit a sworn financial declaration to the court which outlines your assets, bank accounts, bills, and liabilities, etc. If after reviewing the declaration, the Judge finds you are indigent and cannot afford a lawyer, a public defender will be appointed. If you can afford lawyer, the Judge is not required to appoint a public defender.
Yes, expungements are governed by CA Penal Code 1203.4 and 1203.4(a). If "your friend" has a felony conviction, they should speak with a licensed criminal attorney to see if the felony can first be reduced to a misdemeanor. Each courthouse has different policies on how to file a motion to expunge a felony or misdemeanor. Typically, a felony motion requires a written motion and notification of the DA's office.
A robbery can be a violent felony "strike" and you could face significant time in custody- even f you have no prior record. Robbery requires a use of force or fear element.
You need to contact a local attorney for a free consultation to discuss this in further detail.
Without a showing of "good cause" you may have passed the time period allowed to have the agency to delete an arrest from their system. Most local attorneys contributing on AVVO offer free consultations to discuss these issues.
Assuming this is a misdemeanor, the Court will likely allow you to complete PC1000 equivalent program in PA. However, because the PC1000 program can randomly drug test and report, whereas the internet program can't, you probably won't be able to find an acceptable internet program the Court will accept. There may be other options available to you given your situation with kids and work. I recommend contacting a local attorney to review these options and to petition the Court to allow this...
Most Certainly. You need to hire an attorney that has vast experience in handling DMV hearings and doesn't just write them off. You are entitled to review all the evidence against you and ascertain whether any errors lead to a false reading or legal challenge. Further, you also can present evidence on your behalf including testimony by a reputable forensic toxicologist that can provide testimony at the hearing. I recommend calling an attorney on this site that offers a free consultation to...
You can go to the business office of the courhouse and request to have the warrant recalled. To stand any chance of success, you need to appear in Court before you are arrested on the warrant.
If you cannot afford an attorney the Judge will appoint the Public Defender's office to represent you. If you can, contact a local San Bernadino attorney now for a free consultation and ask for assistance in getting the warrant recalled ASAP.
You should go to the courthouse and make a copy of the change of plea form. Contact the court clerk and request a transcript of your change of plea and sentencing hearing. Take these documents to a local attorney to review and see if you have any grounds to withdraw your guilty plea. Unfortunately the cards are stacked against you on this one.
Unfortunately, once you have the matter "expunged" the Court technically loses jurisdiction over the matter since it has technically been "dismissed." Therefore, unless a ultra rare circumstance, it is unlikely you will be able to "re-expunge" the case. More discerning though is how your potential employer saw the felony if it was "expunged"? It's possible that although your motion for expungement was granted, your DOJ record does not reflect this "expungement" and that is why it is still on...
Set up a meeting with a local criminal defense attorney. Most of us on AVVO offer a free initial consultation. You will learn about the process, available strategies and can immediately provide valuable assistance. Since you are being charged with a crime involving moral turpitude, you'll want to hire the best attorney you can afford.