The question being asked is complex and depends on what exactly was said and how it was perceived. However, in California rape is defined as, "an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances....against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person of another." Penal Code section 261(a)(2). Consequently, if one of the participants...
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Individuals who have been convicted of misdemeanors and sentenced to probation are eligible for expungement if: 1) if all the conditions of probation have been fulfilled or the Court terminated probation early; 2) the individual is not serving a sentence for another offense; 3) the individual is not on probation for another offense; and 4) the individual is not charged with an offense in any pending case. If you meet these criteria, you should be eligible for expungement.
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Unfortunately, the Court is unlikely to terminate probation early if you have not paid all the ordered restitution. If you are interviewed and the subject of your conviction is raised, it seems you must discuss all the responsible conduct you have engaged in since the fraud occurred. Hopefully, the potential employer will be willing to give you a second chance.
The question you have asked is very complex. Your boyfriend may be eligible for a Certificate of Rehabilitation or Pardon depending on what state he resides in, what felony he was convicted of, when the conviction occurred and whether he went to prison. In order to find out the answer to your question, you must consult an experienced criminal defense attorney.
When the Court has been satisfied, it will issue an abstract to the DMV releasing the hold on your license. If there is no other issue causing your license to be suspended, after the abstract is received by the DMV, you should be able to obtain a license.
There may be two issues in your question: First, is your brother's conviction legal in light of his mental condition; and second can he receive mental health treatment while in custody. As to whether the conviction was proper, if you have not already, discuss your concerns with his attorney and inquire whether filing a Notice of Appeal would be worthwhile. in California, a defendant or his attorney has 60 days after judgment to file a Notice of Appeal. As to the second issue, there are...
A police officer may arrest a person if the officer has probable cause to believe that a crime was committed by the arrestee. However, after reviewing the police report the District Attorney may decide that no crime occurred. If that is the case, no charges will be filed.
Assuming the City Attorney's Office files charges against you, how the arraignment will proceed will depend upon whether you hire a private attorney or not. If you hire a private attorney, s/he will appear for you at arraignment. A Readiness Conference will be calendared and the matter will be negotiated by the attorney and a Deputy City Attorney prior to the Readiness Conference. If you attend the arraignment without an attorney, you will discuss your case with a Deputy Public Defender...
If the young lady was under the age of consent and she had sex with an adult, the adult can be prosecuted.