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Marijuana Charge Criminal Record Clearing Under Prop 64

The legalization of recreational marijuana in California through Proposition 64 is great news but has created some confusion. While possession of marijuana is legal in most circumstances not been made completely legal, the full schedule of punishments under California law has been shifted to make some actions legal or merely infractions while others remain misdemeanors or felonies.

The legislation, which was approved by voters in November 2016, made California the fifth state to legalize recreational marijuana. One underreported aspect is that it works retroactively. If you have a marijuana conviction on your criminal record, Prop 64 may allow you to get your record cleared. Here’s what you should know about clearing a marijuana charge under Prop 64. [Read more…]

Sentence Reduction and Clearing Your Criminal Record under Prop 47

California voters passed Proposition 47 in November 2014, to allow those convicted of certain types of low-level felonies California Penal Code to petition their original trial court to have their felony convictions reduced to misdemeanors. Under the provisions of Proposition 47, unless there are compelling reasons to the contrary, the court must grant the reduction.

There is one fact that you must keep in mind if you are considering filing for a Proposition 47 reduction: your petition must be filed with your original trial court by November 4, 2017. After that date the courts are barred from accepting new Proposition 47 petitions, although petitions filed before that date will still be heard at the court’s discretion. [Read more…]

California Marijuana Legalization

California voters fully legalized recreational marijuana use for all, with a few caveats. In many instances, the passage of a new law brings a better sense of clarity to an issue than previously existed.

One important goal of legislators in enacting criminal statutes is to ensure people know what behavior is proscribed so that they may avoid breaking the law. However, with Proposition 64’s passage by California voters in November, there are some uncertain marijuana legal matters that are yet to be determined. [Read more…]

DMV To Create “Hot List” of DUI Offenders Most Likely to Drive on Suspended License

The California DMV announced a new  program to aggressively target repeat DUI offenders at risk of further infractions. The effort is aimed at finding drivers who may get behind the wheel with a suspended or revoked drivers license. who are considered most likely to be on the road illegally.

Part of the program involves more frequent updates of suspended license data to be provided to police officers from the DMV.

cadmvThe news includes some surprising, and frankly, hard to believe statistics, including the claim that “research shows” that “75% of drivers convicted of a DUI continue to drive on a suspended license”. (I would really like to see this research data.)

This is not to minimize the risks and dangers to the public that exist for serial drunk drivers. A person who is repeatedly charged with and convicted of DUI almost certainly has a serious problem with alcohol abuse. This is either caused by, or results it terrible judgement and bad decision making. And certainly driving on a suspended license after a DUI conviction is another bad decision.

So, anyone who ignores these laws, particularly habitual drunk drivers is a legitimate threat to public safety.

But it is worth considering what enforcement crackdown this really means.

What Does it Actually Mean to Target These People?

Does it mean that if you are the family member of a registered car owner on this list, you can expect to be pulled over and harassed every time you borrow the car?

Does it mean extra money for license plate scanners to track individuals? And as we’ve seen in other places like Boston, virtually no action was taken on a vast number of alerts, making their ALPR system look like simply a gratuitous state  data mining collection.

Multiple offense DUI sentences already include an interlock device to be installed on your vehicle upon license reinstatement. So presumably we are looking for scofflaws driving while their license ins still under suspension.

The article at guardian interlock also suggests that this information is publicly available. Is public “hot list” shaming of your neighbors a legitimate function of state government?

Is it even ok for local police to be carrying around a list of people who have been convicted of a crime in the past?

Where is the line between protecting public safety, and opening up those who have been convicted of crimes in the past to continued police harassment?

The answers to these questions are not obvious.

 

Filed Under: DUI

Family Home Raided in Botched Drug Investigation

If a unit of the local police department is entirely dedicated to drug investigations, one would put some level of trust in their competency to double-check facts before raiding a home with guns drawn and masks on. But in far too many cases during this nationwide “War on Drugs”, one’s trust would be misplaced.

In one of the more recently reported botched drug raids, a family was ripped from their San Bruno home as officers looked for someone who didn’t even live there. Now the family is suing, but the local Sheriff’s Department admits no wrong-doing. [Read more…]

Could Marijuana Distribution Soon Mean 18-Wheelers and Corner Store Deliveries?

Unless you are a legal medical marijuana dispensary or grower, if you are part of the marijuana trade in California, you are likely breaking the law. Distributing marijuana in the state of California, to people without medical clearance, is a state and a federal crime. But as the tides of marijuana laws are changing, many are jumping on board to take advantage, hoping to build corporations that will be ready to profit off of pot in the way many companies profit off of alcohol. [Read more…]

Fear of Prescription Drug Crimes at High in California

Prescription drugs are used by the vast majority of Americans, most legally. But many of these drugs are sold on the black market, to addicts and to people who may ultimately take too many or be caught and sent to jail. In California, the problem of prescription drugs is growing, and lawmakers are hoping their efforts to crack down will make a difference. [Read more…]

Federal Charges Dropped in California Marijuana Dispensary Cases

When now-President Obama said marijuana enforcement would be a “low priority” during his campaign, many believed him. Many were caught off guard then as more marijuana raids took place under his administration than any other prior. So when the Department of Justice announced they would be essentially practicing a “hands off” approach to marijuana laws in flux across the nation, some were rightfully suspicious. Recently, however, federal prosecutors have been dropping charges against dispensary landlords, signaling a significant change in approach. [Read more…]

California City Best In Nation for Job-Seekers With Criminal Records

A new law passed in Richmond, California could become the model for other municipalities across the nation that hope to allow ex-offenders to become productive and employed members of their communities. According to the Huffington Post, this latest in what’s known “ban the box” laws (referring to the box on job applications that ask about previous convictions) is the most permissive one in the country. [Read more…]