A felony is a crime that is punishable by more than one year in prison. Certain especially severe felonies may be punishable by the death sentence.
Timing of Eligibility The time to seek relief in the Board of Parole depends entirely on when a person was released from all supervision for their sex-crime, regardless of whether the person was on probation or post-prison supervision. A person classified as Level 1 must wait 5 years from the end of supervision to petition for relief. A person classified as Level 2 must wait 10 years from the end of supervision to petition down to Level 1, and then an additional 5 years to petition off the registry. A person classified as Level 3 must wait 10 years from the end of supervision to petition down to Level 2, and that is as far the registrant can go. What Goes into the Petition? There are many sources of information needed for the petition packet. The Board wants to see the original police reports, court records, supervision records, treatment records, character letters, any recent psychological evaluations or polygraph test results, among other items. If certain records are not available, then the person will need to include a letter describing the efforts taken to get the records. What Happens at the Hearing? At the Board of Parole, the person is given the option to appear by phone or in person. The hearing is set up so that the Board members will have reviewed the petition packet, and so then the Board members will ask the registrant a number of questions to follow up on what is in the packet. Question topics include: - Why the offense took place and what the person should have done differently - What are the person's hobbies and who do they associate with - What were the requirements of supervision - What impact has the offense had on the person, the victim, and anyone else - Is the person financially stable and what is their job - Does the person have any other criminal history - What would it mean for the person to relieved from registration This is meant to be a sampling of the topics. The Board of Parole is very thorough, and goes through many topics related and unrelated to the offense, to determine if the person is a continuing threat to the public. Once questioning is over, the person will be permitted to give closing remarks regarding why they believe they should receive relief. Then, the Board members will discuss the case privately, and then state the decision to the registrant. If relief is granted, the Board sends an order to the Oregon State Police to update the records. If denied, the registrant must wait 3 years before re-applying for relief. Any registrant who seeks relief should speak with an attorney before doing anything, as an attorney will be able to detail for the registrant the basic steps, and what the eligibility requirements are. Getting this relief is not a simple matter, and a registrant who wants to file for relief should not do so alone.
1. Weapons Search not Permitted here after DV TRO State v. Hemenway. NJ LAWS EMAIL NEWSLETTER E569 Kenneth Vercammen, Attorney at Law October 2, 2019 E569 In this issue: 1. Weapons Search not Permitted here after DV TRO State v. Hemenway. 2. For DWI PCR on prior uncounseled DWI proceeding, neither an indigent nor a non-indigent defendant must show that the outcome would have been different had he been represented State v. Patel. 3. Next Event. 4. Free Community Events. 5. Fun Upcoming Running Races & Charity Events Participated by Kenneth Vercammen- Ken V is running 60 races in 2019. 6. Professional Space For Rent, 2045 Woodbridge Avenue. Recent cases: E569 Recent cases 1. Weapons search not permitted here after DV TRO State v. Hemenway. The beneficent goal of protecting domestic violence victims must be accomplished while abiding by well-established constitutional norms. Before issuing a warrant to search for weapons under the Act, a court must find that there is (1) probable cause to believe that an act of domestic violence has been committed by the defendant; (2) probable cause to believe that a search for and seizure of weapons is necessary to protect the life, health or well-being of a victim on whose behalf the relief is sought; and (3) probable cause to believe that the weapons are located in the place to be searched. Transposed into the context of a domestic violence search warrant for weapons, probable cause requires that the issuing court only have a well-grounded suspicion. (A-19-18) 2. For DWI PCR on prior uncounseled DWI proceeding 2. For DWI PCR on prior uncounseled DWI proceeding, neither an indigent nor a non-indigent defendant must show that the outcome would have been different had he been represented. State v. Patel. To secure relief from an enhanced custodial sentence for a subsequent DWI conviction, a non-indigent defendant must establish that in the earlier uncounseled DWI proceeding, (1) he was not advised or did not know of his right to counsel and (2) had he known of his right to counsel, he would have retained a lawyer. A defendant contending he was indigent must establish that in the earlier uncounseled DWI proceeding (1) he was not advised and did not know of his right to appointed counsel, (2) he was entitled to the appointment of counsel under the applicable financial means test, R. 7:3-2(b), and (3) had he been properly informed of his rights, he would have accepted appointed counsel. Because denial of counsel is a structural defect in the proceeding, to secure relief from an enhanced custodial sentence, neither an indigent nor a non-indigent defendant must show that the outcome would have been different had he been represented. The Court removes the five-year limitation in Laurick petitions and amends Rule 7:10-2(g)(2), effective immediately, to provide the following: "(2) Time Limitations. A petition seeking relief under this Rule may be filed at any time." Here, Patel's unrebutted certifications established that his 1994 plea was uncounseled, and he had no obligation to establish that he would not have pled guilty or been convicted at trial had he been represented by counsel. The Court therefore reverses the judgment of the Appellate Division and remands the matter for proceedings consistent with this opinion. (A-13-18) 3. Next event: Webinar: Estate Planning for the "Difficult" Adult Child - How to Plan in Cases of Addicted, Perpetually Out of Work and Unhappily Married Children. Location: Online or NJ Law Center One Constitution Square New Brunswick, NJ 08901 [next to Rutgers Cook campus] Date: October 10, 2019 Time: 12:00 PM - 1:40 PM ET https://tcms.njsba.com/personifyebusiness/njicle/CLEPrograms/NJICLEEventsCalendar/MeetingDetails.aspx?productId=49471222 4. Next Community Events. 10/5/19 Metuchen Fair [not a race] 10am-4pm, then North Brunswick Heritage day with band Parkway Soul Productions https://www.facebook.com/events/619072458618435/ WILLS & ESTATE ADMINISTRATION seminar October 8 Edison Main Library Tuesday 7pm Edison Library 340 Plainfield Ave. Edison, NJ 08817 October 21 at 6:00 PM Monday WILLS & ESTATE ADMINISTRATION seminar Clara Barton Branch Edison Library 141 Hoover Avenue Edison, NJ 08837 Edison Elks Community Breakfast 10/13/19, and 11/10/19 - Breakfast 8:30-11AM All you can eat breakfast buffet $8 adults, $4 kids (6-12) children under 5 will be our guests. Edison Elks #2487 - Edison, NJ375 Old Post Road, Edison, New Jersey 08817 (732) 985-2487 Oct 31 Spooky Thursday on 7-9:30 Edison Elks November 16th, Miracle Madness Kickoff Party. Save the date! Edison Elks November 21st Thirsty Thursday Edison Elks 5. Fun Upcoming Running Races & Charity events participated by Kenneth Vercammen- Ken V
Georgia Law on Retroactive First Offenders Retroactive First Offenders Law does not apply to violent crimes; must be approved by the prosecutor and the judge; a they start with a Petition from your attorney. OCGA section 42-8-66 In 2015 the Georgia Legislature enacted the Retroactive First Offender Law. GA Code § 42-8-66 (2015) (a) An individual who qualified for sentencing pursuant to this article but who was not informed of his or her eligibility for first offender treatment may, with the consent of the prosecuting attorney, petition the superior court in the county in which he or she was convicted for discharge and exoneration pursuant to this article. (b) The court shall hold a hearing on the petition if requested by the petitioner or prosecuting attorney or desired by the court. (c) In considering a petition pursuant to this Code section, the court may consider any: (1) Evidence introduced by the petitioner; (2) Evidence introduced by the prosecuting attorney; and (3) Other relevant evidence. (d) The court may issue an order retroactively granting first offender treatment and discharge the defendant pursuant to this article if the court finds by a preponderance of the evidence that the defendant was eligible for sentencing under the terms of this article at the time he or she was originally sentenced and the ends of justice and the welfare of society are served by granting such petition. (e) The court shall send a copy of any order issued pursuant to this Code section to the petitioner, the prosecuting attorney, and the Georgia Bureau of Investigation. The Georgia Bureau of Investigation shall modify its records accordingly. (f) This Code section shall not apply to a sentence that may be modified pursuant to subsection (f) of Code Section 17-10-1. Subsection (f) of Code Section 17-10-1 is as follows: (f) Within one year of the date upon which the sentence is imposed, or within 120 days after receipt by the sentencing court of the remittitur upon affirmance of the judgment after direct appeal, whichever is later, the court imposing the sentence has the jurisdiction, power, and authority to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. Prior to entering any order correcting, reducing, or modifying any sentence, the court shall afford notice and an opportunity for a hearing to the prosecuting attorney. Any order modifying a sentence which is entered without notice and an opportunity for a hearing as provided in this subsection shall be void. This subsection shall not limit any other jurisdiction granted to the court in this Code section or as provided for in subsection (g) of Code Section 42-8-34.
What Are Your Options If You Can't Get Your Criminal Charges Dismissed? You have two options if you can’t get your criminal charges dismissed. Option 1: Plead Guilty Option 2: Go to trial In every criminal case, you will be offered a plea deal OR you can you’re your criminal case to trial. If you accept a plea deal, you will have to admit to committing a crime. If you go to trial, you will incur tremendous expense & your fate is up to a jury. The Basics of Getting Your Criminal Charges Dismissed Of course, you know that you are innocent until proven guilty. But the criminal justice process is long & you may have many sleepless nights until your case is over. First, it’s critical to have a clear understanding of the criminal charges against you. Are you facing Felony or Misdemeanor charges? What are the penalties & consequences of your charge? Will you have immigration consequences? Or is your career in jeopardy? Next, find the criminal defense attorney that is right for you. During your meeting, your criminal lawyer should patiently listen to your side of the story. Next, he will explain your charges and provide an understanding of the long road ahead. Dropped Charges versus Dismissed Charges Before we get to the good stuff, let’s answer this question: “What’s the difference between getting criminal charges dismissed and getting them dropped?” Dropped charges and dismissed charges get you the same result. “Dropped charges” means the prosecution stopped pursuing the charges. In other words, you never have to go to court. For example, this happens when a detective discovers that a key witness lied about what they saw. Or when DNA evidence reveals that it is impossible for you to have committed the crime. “To get your criminal charges dismissed" means your lawyer identified a Constitutional violation. For example, the police conducted an illegal search. Moving on. Let's discuss the top 7 ways you can use to get your criminal charges dismissed. 7 Ways To Dismiss Criminal Charges 1. Lack of probable cause for the arrest 2. Mistakes in the criminal complaint or charging documents 3. Illegal stop and search 4. Insufficient evidence 5. Grand Jury Dismissals 6. Procedural Issues 7. Lack of resources Dismissing criminal charges: Method 1 - No Probable Cause To Arrest In New Jersey & across the country, police need something called “probable cause” to arrest you. This is a basic fundamental right that protects citizens against tyranny. In other words, a cop can’t arrest you because he has a “hunch” that you’re up to no good. He has to provide an acceptable explanation for his arrest. The officer’s reasonable belief must include objective, factual evidence, and circumstances. For instance, if a police officer gets a tip that a drug dealer is wearing a pink bowtie, the officer may have probable cause to stop an individual matching that description. But if the officer sees you and you are not wearing a pink bowtie, then he cannot simply arrest you. You don’t fit the description. We file a motion with the court showing the lack of probable cause. If the court agrees with us, then your criminal charges get dismissed. Dismissing Criminal Charges: Method 2 - Challenging The Complaint Police officers must sign criminal complaints under oath. If the criminal complaint against you contains serious mistakes, then we file a motion to dismiss. For example, let's say that you are 5 ft. 9 inches tall, weigh 150 lbs., and have blonde hair. And the officer's complaint states that you are 6 ft. 6 inches tall, weigh 300 lbs., and have purple hair. Well, you get the picture. Dismissing Criminal Charges: Method 3 - Illegal Searches The Fourth Amendment of the U.S. Constitution protects citizens from illegal stops, searches, and seizures. This is the law of the land. Law enforcement can only stop you under certain circumstances. As previously discussed, police need “probable cause” or a “reasonable belief” that you may have committed a crime. Also, the police can only search your person, your car, or your home if they have a search warrant. But there are exceptions to the warrant requirement. For example, after your arrest, the police can search your pockets. This is done if the officer has a reasonable belief that you are carrying a weapon. If police conduct a search without a warrant or special circumstances, then the evidence gets suppressed. As a result, your criminal charges get dismissed. Dismissing Criminal Charges: Method 4 - Because The Grand Jury Said So After your arrest, the prosecution must present the case to a grand jury. The grand jury adds another layer of Constitutional protection. They listen to witnesses & look at the evidence. If they determine that there is sufficient evidence to establish probable cause, then your case goes forward. But, if the grand jury doesn’t find probable cause, then your criminal charges get dismissed. Dismissing Criminal Charges: Method 5 - Insufficient Evidence Remember, your arrest is the starting point of your criminal case. Felony cases take months and sometimes years. A lot happens while your case is pending. The prosecution may drop your criminal charges after discovering new evidence through their investigation. One reason may simply be a lack of evidence. The other reason may be that the evidence against you is weak. Another possibility is that newly discovered evidence exonerates you. This means that the evidence shows that it was not you who committed the crime. It’s important to emphasize the role of your criminal lawyer here. You see, while the prosecution is doing their investigation, your attorney is doing his. Aggressive & dedicated defense attorneys work tirelessly to protect you. They work hard to find the evidence that shows you are innocent of the crime charged. This evidence is then provided to the prosecutor. As a result, your criminal charges get dismissed. Dismissing Criminal Charges: Method 6 - Procedural Issues Police and prosecutors must follow strict legal criminal procedures. Throughout your arrest, booking, and interrogation, they must follow the law. If the police violate your Constitutional rights, then these violations result in getting your criminal charges dismissed. A common example is a Miranda violation. If you gave an incriminating statement without receiving a proper Miranda warning, then your statement gets suppressed. This alone won't guarantee that your criminal charges get dismissed. But it always helps to get rid of incriminating statements. Procedural issues are tricky. So, make sure to get a good lawyer! Dismissing Criminal Charges: Method 7 Let’s face it; prosecutors are busy people. They have tons of cases. As a result, they are often forced to focus on their most serious cases. Your criminal charges may get dismissed or dropped just because the prosecutor has bigger fish to fry. The truth is that getting serious criminal charges dismissed is not common. You are more likely to get a dismissal if you're accused of a minor crime and you have no previous criminal record. BONUS: If You Can't Get Your Charges Dismissed, Try To Get Them Reduced You may wonder about the possibility of reducing a charge. If the evidence against you is weak, then your lawyer can fight for a reduced charge. It's a win-win situation for everyone involved. The case is resolved and your nightmare is over. A felony charge can be downgraded to a misdemeanor charge. If this happens, jail is no longer an option. You may pay a fine and get a blemish on your record. But you will be relieved that the case is over. Of course, our priority is to get your criminal charges dismissed but a reduced charge can also be a homerun! In exchange for a guilty plea to a reduced charge, a prosecutor may offer a "plea bargain agreement." This occurs when a prosecutor agrees to dismiss the original criminal charge. You will have to agree to plead guilty to a less severe charge instead. Conclusion: It Is Absolutely Possible To Get Your Criminal Charges Dismissed We outlined 7 ways that you can fight to get your criminal charges dismissed. Each case is different and the method you choose will be determined by the facts of your case. Remember, it's very important to choose the criminal lawyer that is right for you. There are many legal challenges involved in dismissing criminal charges. In many ways, you only get once chance to dismiss your case. Make sure that you don't waste it. We offer Free Consultations and are here to help you.
Who is eligible to have a conviction expunged? Expungement is available to defendants convicted of either California misdemeanors or felonies provided that: The defendant has successfully completed probation for the offense, and the defendant either: Did not serve time in state prison for the offense, or served time in state prison, but would have served it in county jail had the crime been committed after implementation of "Realignment" under Proposition 47.1. Note that the California Department of Justice will review and seal all past marijuana convictions that are no longer considered crimes now that recreational marijuana is legal. This process should be done by July 1, 2020. See California Assembly Bill 1793 (2018). What does an expungement accomplish? Under Penal Code 1203.4, an expungement releases an individual from virtually "all penalties and disabilities" arising out of the conviction. As it is, California law bars employers from asking about a job applicant's criminal record until there is a conditional offer of employment. But once a conviction has been expunged, it does not have to be disclosed to an employer even after the employer makes a conditional offer of employment. Who is not eligible for an expungement in California? People are not eligible for expungement if they: are currently charged with a criminal offense, are on probation for a criminal offense or are serving a sentence for a criminal offense. A person is also not eligible for expungement if convicted of certain sex crimes involving children. People who are not eligible for an expungement may be able to get relief for their offenses through: A Certificate of Rehabilitation and/or California governor's pardon, or commutation of a California prison sentence.
In this legal training video, Knoxville attorney Jed McKeehan discusses whether public defenders are as bad as they are portrayed on TV and in the movies. Learn more about this legal topic and others at http://attorney-knoxville.com. Follow us online: Facebook: https://www.facebook.com/JedMcKeehan/ Twitter: https://twitter.com/jedmckeehan #knoxvilleattorney #attorneyknoxville #insession