Scott W. Dicus

Scott Dicus

This is an anonymous review, but I know who you are. The case was from early 2013 and involves a petition for certificate of rehabilitation (COR) for a client who was convicted of felony domestic violence and violated probation after possessing a firearm. This violation resulted in a state prison sentence. Because of the prison term, he was ineligible for a reduction to a misdemeanor and a dismissal pursuant to Penal Code 1203.4. In my opinion, you were (and still are) a great candidate for a certificate of rehabilitation. You changed your life, have worked hard, and support a family. I was impressed with what you had accomplished. The only problem was a misdemeanor conviction of driving on a suspended license after your release from prison. We discussed that this would be an issue, but I believe the rest of your accomplishments would overshadow this more minor traffic offense. Unfortunately, the judge disagreed. A petition for COR is completely up to the judge. If the judge feels that you have not yet earned a COR, he or she can exercise discretion to deny relief. However, as I explained many times, this does not bar you from applying again. I recommended that you wait for a period of time and try again. I am surprised you have not. Get back into court and present your case. There is a new judge sitting in the department that hears these matters and I suggest that you renew your petition. There are several factual problems with this review that I must address: 1. Everything was filed with the court. The court had all letters of character and the judge considered them. I also had a copy stamped "received" by the District Attorney's office. 2. I never laughed at your statement. In fact, you discussed it with me beforehand and I agreed that it was a good argument. The judge liked it. I encouraged you to apply for a COR because I felt that you were a good candidate (and still do). 3. I never said I would file an appeal. In fact, I explicitly stated many times that I would not file an appeal (the judge exercising discretion is not appealable). I did explain that if the judge denied the claim (which we discussed at length would be a possibility because of the misdemeanor), that you could re-file again and address the judge's concerns. I provided you with a court of appeal case that addressed this particular issue. It has been a year and a half since the judge issued his ruling. I strongly recommend that you apply again. You deserve a COR and should not give up until the court recognizes the changes you have made and acknowledges your contribution to society. Good luck to you.