Eureka, CA Criminal Defense Law Firms & Lawyers

The prosecutors can re-file or amend at any time they believe they can prove the charges, or additional or different charges. The charges determine how much time and fines could potentially be imposed if convicted. You didn't really think the District Attorney's office, charged with enforcing the law and supervised by the courts, would have pre-printed standard forms like was sent to you if it was illegal or they had no authority to do so? You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don't like dealing with ProPers, unless you are simply pleading guilty, not defending the case.

The general rule is: Records are forever. However, you can consider getting the conviction expunged; which would help in obtaining and keeping employment. Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes [PC 286(c), PC288, PC288a(c), PC288.5, PC289(j), PC261.5(d)], and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

It is unlawful to be a felon in possession of a firearm. If there is evidence that your friend sold guns to a person while knowing they are a convicted felon and not permitted to possess those firearms that is also a crime and he could be charged with purchasing those firearms for a known felon. It is a felony offense and your friend should consult a criminal defense attorney as soon as possible to protect his legal rights.