I was convicted of a felony in 2011 but it was expunged in 2015. I then applied and was denied, I tried to reapply because It was expunged and I was denied because I didn't disclose I was denied previously. Any ide?
No one can predict with certainty the DMV's position in any specific license application. Like all other State licensing agencies, DMV operates with far less than perfect consistency and predictability. But these general principles and facts are likely to affect your situation here. It is difficult to obtain any California State professional/occupational license with a criminal record. By statute, DMV and other State occupational licensing agencies are required to make an individual determination as to each license application based on all of the relevant matter, including the facts and circumstances underlying the criminal offense and factors of mitigation and rehabilitation. By failing to disclose a felony conviction even if it was expunged, you've made things worse.
Your application certainly was far stronger once your probation was completed and you obtained P.C 1203.4 relief. Still, there has to have been a sufficient time passage of time to allow for a meaningful demonstration of post-conviction rehabilitation. Since you applied and were denied, there is a minimum period of time before you are eligible to re-apply. You should consult with a licensing or administrative law to assess your chances at successfully reapplying.See question
My cousin is pregnant and she is 17 and she wants to drop the case with a 24 year old.
I suppose it depends on whom took out the restraining order. One thing for sure is that the 17 year old minor has no say in what happens with the restraining order since she was not supposed to be sexually active. The age of consent in California, rightly or wrongly, is 18. Minors cannot consent to sex and I suspect the 24 year old, if he is the baby's daddy, may be looking at felony statutory rape charges since there is a 3 year age difference. And that includes mandatory sex registration. Pregnant and 17 - what a shame for her and the baby.See question
I was paid for work with a personal check and the bank on the check was Bank of the west I dont have a bank account so i cashed it at the bank. Now i didnt know the check was fictitious till i received a letter in the mail stating.."You have been ...
DO NOT talk to the police under any circumstances without a a lawyer. They want you to make a statement that they can use to build their case against you before they forward it to the DA. They are not interested nor do they care about "your side of the story". If they call, tell them you will not talk to them without an attorney. Then I would start contacting some criminal defensed attorneys and arrange some free consultations to see what you might be facing. If you can't afford an attorney, you may be entitled to a public defender but that will occur ONLY after you have been arraigned at your first court appearance. If possible, do not bail out right away as your bail may be lowered or you may be released on your own recognizance at your first court appearance. And for heavens sakes, why would you take a personal check from someone? This kind of stuff happens all the time, so assuming you are being truthful, be more careful next time.See question
My father doesn't approve of my boyfriends age, he thinks we're having sex and we aren't. My mother allows me to date him, however my bf is scared to be charged with satutory rape bc my dad threatened he would do that, my mom has 70% custody of me...
If your father wants to create trouble for your boyfriend, he will find a way. Kissing and holding hands is not illegal but a determined father can be trouble. You obviously recognize that a minor cannot consent to sexual intercourse or any kind of touching of intimate body parts and such and no naked selfies or sending of nude photos over the cell phone or computer. And of course your mother cannot consent to you having sexual interaction of any type with your boyfriend. But your father can still file a police report and raise havoc but it probably will not lead to anything. Having divorced parents is the pits, especially if they disagree over how to raise their child and you get caught in the middle. Good luck in any event.See question
My ex acussed me of violation of a restraining order. The judge put me on probation. Did not go on my records. But this is a control thing with my ex. The case was dismissed and now i have a bill for $160.00 from probation. I do not have to go bac...
No, no and no. If you got put on probation, then you pled to the charges or admitted a violation. Case may have been dismissed after you completed probation, but that does not give you ground to sue. Time to man up and move on. We all make bad decisions in life.See question
Ok I am currently 15 and he is 18 but he is on probation however it will be over in a few months can he go to jail even though he has my parents consent?
Minors cannot consent to sex and your parents cannot consent to you having sex. Your boyfriend risks violating his probation and getting convicted of statutory rape or other sex offenses that might require him to register as a sex offender. Your boyfriend is taking a big risk and could find himself going to prison.See question
Just recently, I was falsely arrested under California Penal Code 148.1. Someone at my school stated I made bomb threats. The accusations against me are absurd. I never made bomb threats. Not only that, the police arrested me and then obtained a s...
Sorry but the PD is the attorney for those who can't afford one. Why would any attorney choose to work free of charge on your case? Your case is no different than any other criminal case in Sacramento County and yes, we have bills and employees to pay as well. And you are right - the PD will not do anything for you until they are appointed. That is how it works.See question
I was arrested on a warrant that was 3 years old. I paid 1500..00 on a hundred thousand. The day of court, all was dismissed and bail exonerated. Do I get bail money back. Or on the remaining 6000. of the 10%. Do I still have to pay
No. You signed a contract and are bound by it. You did not have to bail out of jail, but could have waited in custody for the charges to be dropped. If you don't pay, the bail company will turn it over to a collection agency and then you will be sued for the remainder.See question
Looking for advice for potentially gathering more evidence for a criminal case in North County, San Diego. Last March/April the DA informed me that she could not represent me, case closed 3/2016 or 4/2016. Also looking for help with a civil case.
Your question is confusing, If the DA has declined to prosecute, why would you be gathering evidence for a criminal case since only the DA's office can bring criminal charges? A private citizen cannot file criminal charges against anyone. And the DA does not represent individuals - they represent the people of the State of California so she could not possibly be your attorney. As for civil litigation and a possible civil suit, you need to post under personal injury attorneys. But keep in mind that an attorney will only take such a case if the person you want to sue has sufficient monetary resources, property or a source of funds like an insurance policy. But insurance policies doe not cover intentional acts like child molestation or sexual assault so that might not even work. Good luck in any event.See question
I was convicted for arson and all evidence presented was hearsay and the witnesses two of the witnesses were known fellons and the first witness my childs mother could not keep her story straight and the case was ran concurrent with my family cour...
Sorry but you can't "just take your case back to court" unless you meet certain requirements. If you were convicted of arson at trial, then your attorney has to file a motion for a new trial. If he or she does not, then you have to file an appeal within 60 days if it was a felony conviction. As for "hearsay" a witness statement is evidence and not just hearsay. And even if it were hearsay, there are numerous exceptions to the hearsay rule that the hearsay is almost nonexistent. The fact that a witness is a felon does make not them automatically unbelievable, but is one thing for the jury to consider in assessing their credibility. I am sure if your baby's mama testimony was contradictory, your attorney pointed that out during his cross-examination of her. Sounds like you need to discuss these things with your attorney.See question