Dismissing Past Convictions (Expungement)

Posted by on May 19, 2015 in Uncategorized

Most people convicted of crimes in California are allowed to petition for dismissal of their convictions after their conviction or plea of guilty, pursuant to California Penal Code 1203.4 & 1203.4(a). In most circumstances, Cal. Pen. Code 1203.4 is used by individuals who obtained a probationary sentence for a felony or a misdemeanor.  Cal. Pen. Code 1203.4(a) applies mostly to those individuals who did not serve any probation for a misdemeanor or an infraction. However, some individuals are not eligible for a dismissal at all.  You are not eligible if your conviction was for one of a few sex crimes. You may not obtain a dismissal of old Vehicle Code infractions.  However, all misdemeanor Vehicle Code convictions, including driving under the influence cases, may be dismissed. Also, an individual sentenced to a term in State prison, even if that sentenced was suspended, may not obtain a dismissal.  Instead, former State prisoners should seek to vacate their conviction or seek a certificate of rehabilitation or a pardon. If an individual is eligible, they must first complete the entire term of probation along with all terms and conditions, or have been granted an early termination of the probationary period. Additionally, if restitution was ordered in your case, you must have paid the entire sum prior to obtaining relief.  However, the Court is required to grant a dismissal if the petitioner has fulfilled the conditions of his/her probation for the entire period. If you have a criminal conviction you think deserves to be dismissed, please call for a free consultation and protect your rights! 619-822-7332 @Pabstlaw #PabstLaw #esq4me #expungement #criminallawyer #criminalrecords #dismissal #conviction...

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Thumbtack Profile

Posted by on May 18, 2015 in Blog, Featured

In order to continue providing my clients with the absolute best services possible, I recently joined the Thumbtack community of professionals.  I am hoping that this will allow me to reach more people in need of legal services and protection of their Constitutional Rights.  Please visit my new profile on Thumbtack and let me know what you think.  As always, thank you for your continued support. <a href=”https://www.thumbtack.com/ca/san-diego/lawyers/legal-services”>Law Office of Frank R....

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Subpoenaing Text Messages

Posted by on May 18, 2015 in Blog, Featured

I recently had a client ask me about ‘discovering’ text messages to aid in confirming certain facts in a case.  Although she didn’t use the term “discovery,” discovery is the appropriate term for getting every piece of evidence the other side plan on using against you.  Or as Joe Pesci said in My Cousin Vinny: ” … it sure would be nice to get a look at your files ….” Marisa Tomei was right on the money. The People have to provide it to a client or his/her attorney. That’s all well and good.  But what if its information the People are not gathering and using in the prosecuting of your case?  Well, you have the right to subpoena that information which will aid in your defense.  But how do you do that? Generally speaking, courts will allow admission of text messages if they can be adequately authenticated.  That means following the court procedure for subpoenaing evidence for hearing or trial.  Many courts have their own local rules and I urge anyone seeking further information to visit their court’s website....

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Estate Planning Questions To Ask Yourself:

Posted by on Feb 18, 2015 in Blog, Featured

Many times when dealing with clients in the area of family law, the question arises whether or not that person should have a Living Trust.  Before answering that question, it is important to know what a Living Trust is.  There are two types of Living Trusts:  Revocable Living Trusts & Irrevocable Living Trusts.  With a Revocable Living Trust, you transfer our assets into the ownership of the trust.  You retain control of those assets as the trustee of your revocable living trust.  You can change or revoke the trust at any time you want.  An Irrevocable Living Trust, on the other hand, allows you to permanently and irrevocably give away your assets during your lifetime.  After you give away these assets, you have relinquished all control and interest in these assets. When considering a Living Trust, ask yourself these simple questions: Has it been more than 3 years since you reviewed your estate plan, including your will, life insurance policies and any other documents? If you or your spouse passed away today, are you uncertain about what would happen to your property? If you became incapacitated, would your family have to go through court proceedings to carry on your affairs? Do you have minor children or other people who are dependent on you? If a death occurred and court approval was required to release accounts for working capital, could it disrupt your business or family life? WOULD YOU LIKE TO AVOID PROBATE OF YOUR ESTATE??? If you are concerned, please call for a free consultation about the benefits of having an attorney prepared Living Trust in your...

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