How to clear a misdemeanor?: My son recieved a misdemeanor charge back when he was 18yrs old for having less than an ounce of marijuana on him. He had a fine of $150 which he paid. However, he is now trying to apply for a job that will not consider an applicant with a drug charge. Is there any way to have it removed? If not how long does it take to be removed if that is even the case?
Stanley's answer: If your son took a plea in the case, then under PC §1203.4, he can withdraw his plea to not guilty, an have his conviction expunged. This is accomplished by a simple petition to the court. The judge will sign the order, if granted. Also, if your son were under the age of 18, then a simple marijuana possession conviction can bee sealed and destroyed under Health and Safety Code § 11361.5.
Do I need a lawyer?: I was arrested for my second DUI in California, violating my probation. I can not afford a lawyer! I have very little money. I am concerned about serving jail time. Is there no way to get out of Jail time with out a lawyer?
Stanley's answer: If you cannot afford to hire your own attorney, the state will provide a public defender for you. You need to take this offense very seriously because if you have a third DUI, the law mandates a mandatory minimum sentence of 180 days in jail.
My husband was arrested for drugs in 2007 he completed drugcourt he has two tickets for no license can he deported.: Judge order 45 days in custody
Stanley's answer: It depends upon your husband's immigration status. As the previous answer correctly stated, your husband can and will be placed into removal proceedings if he does not have legal status or any type. If your husband has a "Green Card" or lawful permanent residency, the drug conviction is a ground of deportation by itself. You need to consult with an experienced immigration attorney to see if there is any relief from removal available to your husband.