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California Conspiracy Charges

What is conspiracy?

An agreement between one or more people to commit a crime where one of the people involved in the conspiracy commits an overt act in furtherance of the unlawful agreement. 

What is an overt act?

The act done to help accomplish the agreed upon crime after the agreement to commit the crime has been made but before the crime is actually completed.

What is required of an overt act?

It can be committed by any of the people involved in the conspiracy, the act just needs to have occurred before the actual commission of the offense.

Does the overt act have to be criminal?

No the overt act does not necessarily have to be a criminal act, it can be a lawful overt act.

How can criminal conspiracies be charged?

Criminal conspiracy can either be charged as a wobbler offense or as a felony. 

What determines how criminal conspiracies are charged?

The determination depends on the underlying offense of the conspiracy. It is important to note that the conspiracy and the underlying crime are two separate offenses. Therefore, the commission of the underlying offense is not required for a conspiracy charge.

What does this mean for you?

A defendant can be found equally guilty for the ultimate offense as a conspirator, if there was an unlawful agreement and an overt act in furtherance of such agreement occurred.

What is the natural and probable consequences theory?

The natural and probable consequences theory allows the prosecution to impute liability for the secondary crime committed due to the forces set into motion in furtherance of the first or “target” offense. 

What defenses exist for criminal conspiracy?

The fact that no actual agreement ever took place or that no overt act occurred can both be possible defenses to criminal conspiracy. If there is no evidence of an original design or common plot between the defendant and the perpetrators of the underlying offense, then there can be no liability on the part of the defendant for the actions of third parties. 

Moreover, a defendant may escape liability if he or she withdrew from the conspiracy at any time before the commission of the offense or if the defendant operated under a mistake of the law or was falsely accused.

Who should you contact?

Contact Monder Law Group, our attorneys will look at the specifics of your case to see if a connection in fact exists between your actions and some action on the part of a third party.  There must be more than a fleeting relationship to the actions originally put into motion. Know your options by allowing us the opportunity to review your case and explain which is the best defense for you.

If you have any questions about California Conspiracy Charges contact San Diego Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense

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Speedy Trial Rights

Misdemeanor arraignment departments occasionally set trial dates beyond the time limits of Penal Code section 1382.  Because it is the arraigning lawyers’ professional obligation to know what date is 30 and 45 days away, and to object to a trial setting beyond the applicable date unless a date farther out is chosen for the client’s benefit and with the client’s informed consent, this memo explains the workings of § 1382 in the misdemeanor arraignment context.

KNOW THE DATES!  When handling an arraignment calendar, figure out the 30th and 45th days before the calendar starts, AND WRITE THEM DOWN.  Counting the dates is easy.  Remember that CCP § 12 says that in counting days, you don’t count the first day, but you do count the last day.  So you can easily count days on a calendar.  For a 30 day period, you go straight down 4 weeks (28 days) and over 2.  45 days is 6 weeks (42 days) plus 3 days.  It is good practice for the arraigning attorney to prominently note the last day on the file so subsequent attorneys know what it is without having to count days again.

Examples:  Arraignment, in custody, on Wednesday, May 14, 2008.  Four Wednesdays later is Wednesday, 6/11/08; add 2 days for a last day of Friday, 6/13/08.

Same arraignment, out of custody:  Six Wednesdays  (42 days) after 5/14 is Wednesday, 6/25/08; add 3 days to make 45, and you are at Saturday, 6/14/08.  Because Saturday and Sunday are “holidays” for the purposes of counting days, the last day becomes Monday, 6/16/08.  (CCP § 12a.)

CUSTODY STATUS FOR § 1382 PURPOSES.  Courts, clerks, and lawyers sometimes get confused over whether a defendant is in custody or out of custody when the defendant is in custody at the start of the arraignment but is released OR when arraigned.  This should be a no-brainer – the defendant’s custody status is IN CUSTODY and the 30 day time period applies.  (See People v. Baca (1989) 211 Cal.App.3d 675; Cal. Crim. Law, Proc. & Pract. (CEB 2007) §19.18, P 515.)

WHAT TO DO WHEN TRIAL IS SET BEYOND § 1382 TIME.  Simple, just object.  Don’t make a big deal or try to get the court to change the date, just say “Defendant objects to the trial date.”  If asked why, say, “It’s beyond § 1382 time.”  You don’t want to get into a detailed discussion or argument with the arraignment judge.  In fact, you want  the date to stay unchanged so you can get the case dismissed.  Then you file a motion to dismiss under § 1382 to be heard as soon after time runs as possible.  Make sure the minutes include your objection.  Failure to object to a setting beyond time is deemed to be consent to the trial date and triggers the 10-day grace period beyond that.  (§ 1382, subd. (a)(3)(B).)

If you have any questions about your speedy trial rights contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense Attorney

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Drunk In Public Charge

An essential element to a violation of 647(f) is that the person must “by reason of his being under the influence of intoxicating liquor” is unable to exercise care for his safety or that of others and by that same reason, interferes with the free use of any street, sidewalk or other public way.  It is not enough that Defendant had consumed alcohol earlier. It is the suspect’s condition at the time of the arrest that counts.  Witnesses will be asked if they had any reason to believe Defendant was intoxicated.

There is not enough probable cause for arrest as a public inebriate as a matter of law if the Defendant would not get out of the way because he was so drunk. An Officer would only be able to detain Defendant to investigate if he was under the influence and the Defendant was detained for that purpose. There is no crime for appearing in a public place exhibiting the objective symptoms of having ingested alcohol. Despite admissions from the Defendant, an officer will say he arrested and later booked Defendant for having allegedly violated Penal Code section 647(f) without ever determining Defendant was actually was under the influence of alcohol.

The prohibition against unreasonable arrest is safeguarded by the statute’s providing that the subject must be inebriated to a level whereby he cannot, by reason of the inebriation, care for his personal safety or that of others.  Powell v. Texas, (1968) 392 U.S. 514, 554 n. 5.(“I do not question the power of the State to remove a helplessly intoxicated person from a public street, although against his will, and to hold him until he has regained his powers. The person’s own safety and the public interest require this much. A statute such as the one challenged in this case is constitutional insofar as it authorizes  a police officer to arrest any seriously intoxicated person when he is encountered in a public place.”);White, J., concurring(emphasis added); People v. White, (1991) 227 Cal.App.3d 886. “The public intoxication statute, Penal Code section 647, subdivision (f), is carefully crafted to impose criminal culpability only if the publically intoxicated person is unable to exercise care for his or her own safety or the safety of others….The statute does not punish the mere condition of being a homeless, chronic alcoholic but rather punishes conduct posing a public safety risk.” People v. Kellogg, (2004) 119 Cal.App.4th 593.“If Kellogg had merely been drunk in a public place in a manner that did not pose a safety hazard (i.e., if he was able to exercise care for his own and the public’s safety and was not blocking a public way), he could not have been adjudicated guilty under section 647(f).”   Ibid. (emphasis in original). Accordingly, “in such a condition that he is unable to exercise care for his own safety or the safety of others” means being in a state of extreme drunkenness which deprives a person of his faculties, the ability to control one’s actions, to comprehend what one is doing or where one is.  It means a person must not only be intoxicated, but to a high degree sufficiently severe and incapacitating as to cause a person to be dangerous to himself or to third persons.  “[T]he arrest under Penal Code section 647, subdivision (f) was improper because the ‘described symptoms [slow speech, eyelids drooped, head hung low] indicated only that the defendant was under the influence of an opiate, and not that  he was incapacitated as a result.'” People v. Lively, (1992) 10 Cal.App.4th 1364, 1371, quoting People v. Rich (1977) 72 Cal.App.3d 115, 122. Lively used the term ‘quite impaired’ to describe the level of intoxication sufficient for probable cause. Id., p. 1367. A lawful arrest under P.C. §647(f) requires more than being under the influence of alcohol; intoxication must result in “incapacitation.”  People v. Rich, 72 Cal.App.3d 115, 122; 139 Cal.Rptr. 819, 824 (1977).  The evidence in Rich was that defendant’s objective symptoms were  consistent with being under the influence, but that was insufficient probable cause for the disorderly conduct PC§647(f) arrest.

People v. Olson  (1971) 18 Cal.App. 3d 592, 96 Cal.Rptr. 13256 underscored the incapacitation element of the drunk in public statute. The defendant was found by police inside a stranger’s house (Voisan). Olson had come asking for someone who did not live there, swayed, spoke with slurred speech, staggered away slowly, and eventually fell asleep inside Voisan’s home. The officers found her non-communicative “passed out or asleep”, she arose when voices were raised and used a table to stand up; there was no scent of alcohol and pupils were slightly larger than normal; she needed assistance leaving the house and staggered even as steadied by the officers. Officers administered the heel to toe FST which was unsuccessful and then arrested the defendant for violating 647(f). The court found these objective symptoms supported the officer’s opinion (which was shared by Voison) that Olson was unable to care for her safety. It is for this same reason Krafft’s citation to People v. Blatt, 23 Cal.App.3d 148 (1972) and People v. Cruz 44 Cal.App.4th, 636, 674 (2008) fails. The defendant in Blatt was found in her father’s store. She admitted to the arresting officer she was “stoned,” her words were abusive, and incoherent. Her speech was thick, and she had difficulty enunciating. Her eyes did not focus, and her head swayed back and forth. Id., p. 151. In Cruz, there was evidence the defendant was “pretty drunk” and slurred his speech. Id., p. 674. An Officer offers no such facts to support probable cause for arrest of Defendant for allegedly being in violation of Penal Code section 647(f).  The burden of establishing probable cause in a warrantless arrest rests with the arresting officer. A warrantless arrest is presumed illegal in California (Ev. Code § 664). Dubner v. City and County of San Francisco (2001) 266 F.3d 959, 965; Gilker v. Baker, 576 F.2d 245 (9th Cir. 1978). The Officer has not met this burden nor has he rebutted the presumption of illegality. Thus probable cause for arrest on 647(f) grounds can only properly be decided by the trial.

If you have questions about fighting a drunk in public charge contact San Diego Criminal Attorney Vik Monder at 619.405.0063 or visit Criminal Defense Attorney

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Expungement of Criminal Record

WHO IS ELIGIBLE?

An adult who was granted and has successfully completed probation, either by fulfilling the conditions of probation or being discharged before the end of his/her probationary period.

He/She must not be on probation or serving a sentence for any other offense.  (Pen. Code § 1203.4)

WHAT ARE THE EFFECTS OF EXPUNGEMENT?

>It Will:

1.    Result in the dismissal of the case;

2.      Allow you to answer on job applications that you have not been convicted.  If, however, you are applying for a government job or a job which requires a government-issued license, certificate or permit, or a job which involves a security clearance, the conviction will be discovered – in such cases, you should disclose the conviction and its expungement;

3.      If the conviction was for a felony, it is the first step in obtaining a pardon.

>It Will Not:

1.      Remove the conviction from your “Rap Sheet” – California and FBI criminal history records will still show the conviction and a dismissal “per PC 1203.4″;

2.      Reinstate the right to possess firearms (reduction to a misdemeanor may accomplish this if the offense is not one of violence;)

3.    Allow you to omit the conviction from applications for government issued licenses;

4.      Seal or otherwise remove the court case file from public inspection – anyone who knows where to look will be able to find the court case file (probation reports are in confidential files and are not subject to public inspection 90 days after sentencing;)

5.      Prevent the conviction from being used as a “prior” to increase punishment in case of a subsequent conviction;

6.     Prevent the conviction from being used for impeachment purposes if called as a witness;

7.      Prevent the conviction from being considered and used to refuse or revoke government licenses and permits such as teaching credential, nursing license, bus drivers license, security guard certificate, etc., however, the expungement usually reduces the weight given the conviction by the licensing agency.

8.    Eliminate the conviction from consideration for Immigration purposes.

If you have any questions about an expungement of criminal record contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Attorney

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California Probation

Probation and the Law
Probation is often part of a criminal defendant’s California sentence.  When probation is given, the individual is allowed to remain a member of the community after jail time (if any) has been successfully completed.

California probation laws differ according to the type of probation given, such as:

• Formal Probation (Supervised Probation)
• Informal Probation (Summary Probation)

Formal Probation (or Supervised Probation) requires the defendant to meet with an assigned probation officer on a regular basis (usually once a month).

Informal Probation (or Summary Probation) requires the defendant to complete certain terms of the sentence and stay out of trouble.  Scheduled meetings with a probation officer are not necessary under summary or informal probation.

For all types of probation, the California criminal defendant’s sentence may include any or all of the following:

• Community service
• Counseling
• Physical labor
• Drug testing
• Jail time

Length of Probation
Normally, probation (formal and informal) lasts three years, but this could vary depending on the defendant’s circumstances.  In some felony cases, formal probation can last for up to 5 years.

When Probation is Violated
Probation is no joking matter and should be taken seriously.  The penalties for a probation violation depend on the severity of the violation.  In some cases, a second chance may be given and the probation violation will not affect the terms or conditions of the probation.

As soon as a probation violation occurs, an arrest may follow shortly thereafter and/or the defendant may be ordered to court for a probation violation hearing.  During the court hearing, the Prosecutor must prove the violation by more than 50% of the evidence, as opposed to ‘beyond a reasonable doubt’ which is necessary for a criminal trial.

There are several factors that the Judge and Prosecutor use when considering a probation violation.  They include:

• The seriousness of the probation violation
• The nature of the probation violation
• The history of previous probation violations
• New criminal activity surrounding the probation violation
• Aggravating and mitigating circumstances of the probation violation
• The probation officer and/or probation department’s view of the probation violation
• The probation violation with respect to the probation term (whether it occurred at the beginning, middle, or end of the probationary term)

If you have any questions about California Probation contact San Diego Criminal Defense Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Defense 

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Withdraw A Guilty Plea

You have been arrested, charged and brought before the court.  The judge has asked you to enter a plea, you have been offered a plea agreement by the prosecution and pled guilty to the charges against you.  The judge has sentenced you but now you want to know if it is possible to withdraw your guilty plea and substitute a plea of not guilty.  It is imperative that you know your rights and become aware of the options that are available to you.

Withdrawing Guilty Plea – Penal Code 1018

What is a guilty plea?

A defendant’s admission to the charges against him or her in open court.

How can you withdraw a guilty plea?

A guilty plea may be withdrawn on application of the defendant by having an experienced defense attorney prepare a motion to withdraw the plea and substitute it with a plea of not guilty, to be filed with the court. 

Who can withdraw a guilty plea?

A defendant who was not represented by an attorney or was represented by an incompetent attorney, or was coerced into the plea at the time the guilty plea was entered.  

A defendant who was granted probation when entry of judgment was suspended and who wasn’t aware of the consequences of entering a guilty plea or was prejudiced by a language barrier.

What are the requirements to withdraw a guilty plea?

For a defendant to withdraw his or her guilty plea, the court requires that the defendant be able to show good cause to withdraw the plea.

What is good cause?

Good cause is when the defendant can show that he or she did not intend to enter a guilty plea and entered into it as the result of ignorance, inadvertence, mistake, or some other factor that demonstrates overreaching.

What is the legal standard to show good cause?

A defendant is required to prove good cause to withdraw his or her guilty plea by a clear and convincing standard.  This means that it is more likely than not that the defendant did not freely, knowingly and  intelligently waive his or her constitutional rights at the time the guilty plea was entered.

When can you withdraw a guilty plea?

A motion to withdraw a guilty plea may be made at any time before sentencing or within six months after an order granting probation is made if the entry of judgment was suspended.

What can you expect if the motion to withdraw a guilty plea is granted?

If the court grants a motion to withdraw a guilty plea, it will be as if the defendant never entered the guilty plea in the first place.  The defendant will be placed back in arraignment and have the right to proceed to trial or to enter into a new plea bargain.

What can you expect if the motion to withdraw a guilty plea is denied?

If the court denies a motion to withdraw a guilty plea, the defendant will be obliged to complete the terms of his or her sentence.  The defendant may appeal the court’s decision only if he or she is able to prove abuse of the judge’s discretion or that the judge ruled based on a legal error.

If you have questions about how to withdraw a guilty plea contact San Diego Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense Attorney

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Self Defense As A Defense

What is an affirmative defense?

An affirmative defense is an assertion to the charges against the person accompanied with a legal justification for carrying out the offense charged. 

What is not an affirmative defense?

An affirmative defense does not dispute the facts underlying the charges against the person or negate a particular element of the offense charged.

 What are the benefits of an affirmative defense?

An affirmative defense allows the person being charged to present evidence that reduces or eliminates his or her liability in order to obtain a dismissal or acquittal of the charges against him or her.

 What is self defense?

Self defense is the right of a victim acting on his or her own behalf to use reasonable force in order to defend their own life or the life of others.  In California self defense is an affirmative defense.

 What are the requirements for a valid claim of self defense?

The victim must have held a reasonable belief that he or she was in danger of harmful or unlawful touching, serious bodily injury, or death. The threat the victim faced must have been imminent in order to justify the use of force.  The victim must have held a reasonable belief that the use of force was necessary to neutralize the threat against him or her.  The force that the victim used must have been reasonable under the circumstances. 

 What constitutes a reasonable use of force for purposes of self defense?

The use of force allowed in an affirmative defense of self defense is limited to the force necessary to prevent the threat from actually happening.

 What offenses may a person assert self defense for?

A person charged of assault, assault with a deadly weapon, battery, aggravated battery, rape, domestic violence, or murder may assert self defense as an affirmative defense.

 When is self defense not justified?

There is no justification for self defense after the immediate threat of danger has ended for the victim. It is important to note that after the threat has been neutralized, any use of force by the victim will be considered retaliatory and not self defense.

 What is an imperfect self defense?

 Imperfect self defense is when a person genuinely believed there was an imminent threat against him or her and that deadly force was necessary to neutralize such threat, but either or both of these believes were unreasonable.   In California imperfect self defense is a partial affirmative defense.

 What are the benefits of a partial affirmative defense?

A partial affirmative defense allows the person being charged for the unreasonable use of deadly force to present evidence in order to mitigate the sentencing that will be imposed for his or her conviction.

 What offenses may a person assert imperfect self defense for?

A person charged with murder may assert an imperfect self defense.

If you have any questions about using self defense as a defense, please feel free to contact SAN DIEGO CRIMINAL DEFENSE ATTORNEY VIK MONDER AT 619.405.0063 or visit SAN DIEGO CRIMINAL DEFENSE

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Fourth Amendment Waiver

What is it?

It is waiver of a person’s right to warrantless searches and/or seizures of  the person and his or her belongings.

Who does it apply to?

Parolees, probationers, and pre-trial defendants whose offenses relate to theft, narcotics or involve weapons.

Who has the right to carry it out?

Law enforcement officers, probation officers, border patrol agents, and other peace officers.

How does it work?

Parolees, probationers and pre-trial defendants agree prior to the fact to waive any objections to being subjected to searches and seizures as a condition of his or her release from custody.

A parolee or probationer is required to submit to searches and seizures by his or her parole or probation officer at any time of the day or night, with or without a search warrant, and with or without probable cause as a condition of parole or probation.

Defendants pending trial may be released on their own recognizance and required to submit to similar searches and seizures by law enforcement if such searches or seizures are reasonably related to the offense of the pending case and conducted in order to prevent and detect further crimes by the person.

What can be searched under a Fourth Amendment Waiver?

The parolee or probationer’s person, his or her belongings, car, and residence. It is important to note that anyone else riding in the car or living in the residence of a person subjected to a Fourth Amendment Waiver will also be subjected to search. However, residence searches should be limited to the common areas that the parolee or probationer has access to.

When does a Fourth Amendment Waiver expire?

A Fourth Amendment Waiver expires when the person’s probation ends, parole is discharged, or at the commencement of the defendant’s trial.

When is a Fourth Amendment waiver inappropriate?

If the Fourth Amendment waiver is not related to the crime convicted of but instead relates to conduct that is not criminal and the waiver does not prevent future criminal behavior, it is considered inappropriate and should be challenged.

The consequences of a Fourth Amendment Waiver may prove to be more detrimental than helpful to your case. Remember that a Fourth amendment waiver does not only impact you but can reach the loved ones in your life. Let us review the specifics of your case and help you decide if this is in fact a good option for you.

If you have any questions about a Fourth Amendment Waiver, feel free to contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense

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California Sex Offender Registration

What is it?

It is a mandatory life long penalty imposed on people convicted of a sex offense in California, requiring them to register as sex offenders.

What are some registrable sex offenses in California?

Violations of California indecent exposure law (P.C. 314), rape law (P.C. 261), sexual battery (P.C. 243.4), lewd acts with a child (P.C. 288), sexual abuse of a child (P.C. 269), contributing to the delinquency of a minor (P.C. 272), pimping and pandering with a minor (P.C. 266), AND child pornography (P.C. 311).        

 When does the person register?

The person is required to appear in person to register within 5 working days after his or her release from custody or on his or her probation.

 Who does the person register with?

The person must register as a sex offender with the local law enforcement agency of the city where he or she resides by providing his or her identifying information.

 When does the person renew registration?

The person is required to renew his or her registration annually, within 5 working days of the person’s birthday.  However, if the person is convicted as sexually violent predator, the person is required to renew his or her registration every 90 days.

 What happens when the person changes residence?          

The person is required to renew his or her registration every time that the person changes residence. The person must notify the previous registering agency and the new registering agency to the place where he or she is moving to. The notifications must be in writing and received within 5 working days of the person changing residence.

 What happens if the person fails to register?

If the person knowingly and willingly fails to register, he or she will face charges of violating the California Sex Offender Registration Act.  The conviction that the person will receive for this violation will depend on the registrable sex offense and the number of violations. 

If the person failed to register for a registrable misdemeanor and this is the person’s first violation, then the person will be convicted of a misdemeanor. However, if this is the second time the person violates registration or if the person failed to register for a registrable felony, then the person will be convicted of a felony. 

 What are the penalties for violating the California Sex Offender Registration Act?

A person convicted of a misdemeanor for failure to register as a sex offender will face a sentence of  up to 12 months in county jail. A person convicted of a felony for failure to register as a sex offender will face a sentence of up to 36 months in state prison. Remember that if you or a loved one is required to register as a sex offender, this is a life long obligation. It is imperative that you realize that any violation of the California Registration Act will be a continuing offense. What this means for you is that a failure to register or renew your registration over time may incur multiple violations that will result in numerous convictions. 

Do not allow this to happen, let our experienced California criminal law attorneys advise you.

If you have any questions about the California Sex Offender Registration, please feel free to contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense

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How to Restore Your Firearm Rights

Who does P.C. §12021.1 regulate?

Any person who has been convicted of specified crime, whether a misdemeanor or felony relating to violence, unlawful use of firearms, or who is addicted to the use of a narcotic drug.

What is prohibited under P.C. §12021.1?

A convicted felon is prohibited from owning, purchasing, receiving, possessing, acquiring or having control of a firearm or ammunition.

What are the legal ramifications of a convicted felon in possession of a firearm?

A convicted felon who owns, purchases, receives, or has in possession or under custody or control any firearm or ammunition is guilty of a felony crime.

What are the punishments for a felon convicted of a misdemeanor who is later found in possession of a firearm?

A person convicted of a misdemeanor who is later convicted of the crime of being a felon in possession of a firearm may face a sentence of up to one year in county jail or a fine of $1,000 or both.

What are the punishments for a felon convicted of a felony who is later found in possession of a firearm?

A person convicted of a felony who is later convicted of the crime of being a felon in possession of a firearm may face a sentence of sixteen months or two or three years in state prison.

When is a convicted felon informed about restrictions to possess a firearm?

A convicted felon receives written notice of the restriction on his or her right to posses a firearm at the same time that judgment is imposed.

How can a convicted felon verify eligibility to possess a firearm?

A convicted felon can pay $20 to obtain from the DOJ website a eligibility check to determine whether he or she is eligible to possess a firearm.

Can firearm privileges be restored to a convicted felon?

It depends on the original offense that the person was convicted for, which caused the person to loose his or her firearm privileges to begin with.

What offenses may prohibit restoration of firearms privileges?

A violent offense pursuant to P.C. §29905, an offense that involved the violent use of a firearm pursuant to P.C. §23515, an offense that involved assault with a firearm 245(a)(2), or two or more convictions for brandishing a weapon in an angry or threatening manner in any fight or quarrel pursuant to P.C. §417(a)(2).

Who is not eligible to have firearm privileges restored?

A person adjudicated to be mentally incompetent to stand trial; a person found not guilty by reason of insanity at trial; a mentally disordered sex offender, and a person convicted of an offense that involved the use of a dangerous weapon.

How are firearm privileges restored to a felon convicted of a wobbler crime?

A wobbler crime is an offense that may be prosecuted as either a misdemeanor or a felony. If the original offense is a felony that is considered a wobbler, then the person must petition that the felony be reduced to a misdemeanor. Next, the person will need to petition to have the charges dismissed in order to restore his or her firearm privileges.

How are firearm privileges restored to a felon convicted of a felony offense?

A convicted felon of a felony offense must apply for a Governor’s Pardon in order to try to have firearm privileges restored. This application is a two part process; the person must first apply and obtain a Certificate of Rehabilitation. If the Certificate of Rehabilitation is granted, it will serve as the application for a Governor’s Pardon. If the Governor’s Pardon is granted, it must declare to give FULL AND UNCONDITIONAL pardon to the convicted felon in order for the person to have his or her firearm privileges restored.

If you have any questions about how to restore your firearm rights contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense