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A NEW WAY OF LIFE REENTRY PROJECT CT TURNEY, STAFF ATTORNEY Reentry Legal Clinic Training.

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Presentation on theme: "A NEW WAY OF LIFE REENTRY PROJECT CT TURNEY, STAFF ATTORNEY Reentry Legal Clinic Training."— Presentation transcript:

1 A NEW WAY OF LIFE REENTRY PROJECT CT TURNEY, STAFF ATTORNEY CTTURNEY@ANEWWAYOFLIFE.ORG Reentry Legal Clinic Training

2 INTRODUCTION & OVERVIEW THEORY PRACTICE Reading a Case Docket & DOJ rap sheet Filling out FW-001 Supporting Evidence: Declaration ROLE-PLAYING Schedule

3 THE UNAUTHORIZED PRACTICE OF LAW CLINIC OVERVIEW Introduction & Overview

4 The Unauthorized Practice of Law Practicing Law Without a License Misdemeanor – Bus. & Prof. § 6126(a) Problems Later Getting Your License Problems with MY License Out Yourself as a Student Dont Assume They Can Tell Legal Info vs. Legal Advice Describing the Law – OK Applying the Law – NOT OK Recommendations – NOT OK

5 Introduction & Overview Clinic Overview You Collect Info, We File Petitions Basic Procedure 1. Meet Client 2. Get Case Info 3. Sign Forms CR-180 Fee Waiver (if needed) 4. Declaration (if needed) 5. Scanning 6. Attorney Review/Consult/Sign-off 7. Conclude Clinic As Starting Point

6 AVAILABLE REMEDIES FUNCTIONS & LIMITATIONS OF EXPUNGEMENT ELIGIBILITY FOR REMEDIES Theory

7 Available Remedies Dismissal (aka Expungement) PC § 1203.4 When probation is granted PC § 1203.4a When probation is not granted & conviction is not a felony or traffic ticket Reducing felony to misdemeanor PC § 17(b) Modifying/terminating probation PC § 1203.3 Other Remedies Felonies With Prison – Certificate of Rehabilitation No Conviction – Sealing of Arrest Record

8 Theory Functions & Limitations of Expungement Penal Code § 1203.4 / 1203.4a …the court shall set aside the verdict of guilty; and... shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted...

9 Theory Functions & Limitations of Expungement Penal Code § 1203.4 / 1203.4a …the court shall set aside the verdict of guilty; and... shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted...

10 Theory Functions & Limitations of Expungement Drawbacks: It remains in the public record Court Records LiveScan / Fingerprinting Dismissed pursuant to P.C. § 1203.4 = Youre not fooling anyone Does not impact collateral consequences Offender registries, gun ownership, jury service, strikes and priors, immigration consequences, gang injunctions, etc. etc. etc. Benefits: Private employment Cannot show on private background check Right to not disclose Restrictions on asking about arrests Policies of public agencies Occupational licensing Public employers: LA City & County

11 Theory Eligibility for Relief First – Establish Clients Eligibility Not currently involved with the criminal justice system Not on probation Not on parole Not facing new charges Not incarcerated Second – Establish Convictions Eligibility Criteria used depends on whether probation was granted or not

12 Theory Eligibility for Relief – Granted Probation Probation Was Granted What law applies?1203.4 Is conviction eligible? Is expungement mandatory? Prison sentence never executed Imposition vs. execution Prison vs. jail Probation terminated early In a good way OR Probation successfully completed Not found in violation No new crimes during probation Fines & restitution paid Felony vs. misdemeanor plays no role in determining mandatory vs. discretionary If eligible but not mandatory, expungement is discretionary and declaration is needed.

13 Theory Eligibility for Relief – Not Granted Probation Probation Was Not Granted What law applies?1203.4a Is conviction eligible? Is expungement mandatory? Misdemeanor or Non-Vehicle- Code Infraction Not a traffic ticket Not a felony AND Defendant served sentence Paid fine Served jail time AND At least one year has passed since conviction One Year Rule No new crimes in first year after conviction If eligible but not mandatory, expungement is discretionary and declaration is needed.

14 Theory Eligibility for Relief – Court Discretion for Dismissal Court Discretion In the Interests of Justice States Interests Punishment/Deterrence Public Safety Victim Restitution Rehabilitation Defendants Interests Rehabilitation Burdens on Survival – Employment, Housing, Family Factors – NOT a Balancing Test States & defendants interests often align Keep these factors in mind when writing declarations

15 Theory Eligibility for Relief – Reduction to Misdemeanor Reduction to Misdemeanor (17(b)) Conviction must be a wobbler Chargeable as either felony or misdemeanor Defined by sentencing options – look in the statute Punishable by jail or prison OR Punishable by jail or pursuant to 1170(h) Imposition of sentence must be suspended Imposition vs. Execution Always at the discretion of the court Declaration required

16 ANALYZING RECORDS Initial Questions Reading an LA Case Docket Reading a RAP Sheet COMPLETING FW-001 DECLARATIONS Practice

17 Analyzing Records – Initial Questions Initial Questions Top of Criminal History Worksheet Currently on Probation/Parole/Charged? Client eligibility for dismissal U.S. Citizen? Making sure aware of potential immigration impacts Other Convictions? Do we have a full picture?

18 Practice Analyzing Records We need to know: Case Information Case number Arresting agency Arresting date Prosecuting attorneys office (CA/DA) Conviction & Sentence Information Type (misdemeanor/felony) Offenses found guilty Date Court Sentence / Probation Post-Sentencing Violations Fines & fees Revocations

19 Practice Analyzing Records – Reading a Case Docket Reading an LA Case Docket Top of First Page – General Case Info Rest of Docket– Record of Proceedings

20 Practice Analyzing Records – Reading a Case Docket Reading an LA Case Docket Top of First Page – General Case Info Case Number Defendant Information Arresting Agency Accusation (Date & Charges)

21 Practice Analyzing Records – Reading a Case Docket Reading an LA Case Docket Top of First Page – General Case Info Rest of Docket– Record of Proceedings Tells the story of the case Starts with Date & Location Line Then Cast of Characters Then Description of Events Then Nature of Proceeding Then Next Scheduled Proceeding

22 CASE DOCKET: 94R09291 – Case Information 94R09291 6/17/94 LAPD

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24 94R09291 6/17/94 LAPD PC 647(b) M

25 CASE DOCKET: 94R09291 – Conviction Information 94R09291 6/17/94 LAPD PC 647(b) M Central Arraign 12/7/94 CA

26 CASE DOCKET: 94R09291 – Sentencing Information 94R09291 6/17/94 LAPD PC 647(b) M Central Arraign 12/7/94 CA 150 D J HIV Test

27 CASE DOCKET: 94R09291 – Post Sentencing Information 94R09291 6/17/94 LAPD PC 647(b) M Central Arraign 12/7/94 CA 150 D J HIV Test

28 CASE DOCKET: 9CR27243 – Case Information 9CR27243 7/6/99 LAPD

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30 CASE DOCKET: 9CR27243 – Conviction Information 9CR27243 7/6/99 LAPD PC 242-243(e) M 7/8/99 Central Arraign CA

31 CASE DOCKET: 9CR27243 – Sentencing Information 9CR27243 7/6/99 LAPD PC 242-243(e) M 7/8/99 Central Arraign CA

32 CASE DOCKET: 9CR27243 – Post-Sentencing Information 9CR27243 7/6/99 LAPD PC 242-243(e) M 7/8/99 Central Arraign CA 7/7/01

33 PLEASE BE BACK IN 5 MINUTES!!! Break

34 Try these on your own 94R09291 (1203.4a) PC 647(b), M; Offense: 6/17/94; Arrest: LAPD; Conviction: 12/7/94, Centl Arr.; CA; No probation; 150 Days Jail & HIV Test - Served 9CR27243 (1203.4) PC 242-243(e), M; Offense: 7/6/99; Arrest: LAPD; Conviction: 7/8/99, Centl Arr.; CA; Probation End 7/7/01; Restitution unpaid VA033689 (Interlineation) BA151334 (DEJ >> COR) 94M05413 (Probation Revocation)

35 CASE DOCKET: VA033689 – Case Information VA033689 8/4/95 LASD

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40 CASE DOCKET: VA033689 – Conviction Information VA033689 8/4/95 LASD PC 459 M 7/11/96 Bellflower DA

41 CASE DOCKET: VA033689 – Sentence Information VA033689 8/4/95 LASD PC 459 M 7/11/96 Bellflower DA 7/10/99

42 Try these on your own 94R09291 (1203.4a) PC 647(b), M; Offense: 6/17/94; Arrest: LAPD; Conviction: 12/7/94, Centl Arr.; CA; No probation; 150 Days Jail & HIV Test - Served 9CR27243 (1203.4) PC 242-243(e), M; Offense: 7/6/99; Arrest: LAPD; Conviction: 7/8/99, Centl Arr.; CA; Probation End 7/7/01; Restitution unpaid VA033689 (Interlineation) PC 459, M; Offense: 8/4/95; Arrest: LASD; Conviction: 7/11/96, Bellflower; DA; Probation End 7/10/99; Restitution Waived BA151334 (DEJ >> COR) 94M05413 (Probation Revocation)

43 CASE DOCKET: BA151334 – Case Information BA151334 6/2/97 LAPD

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47 CASE DOCKET: BA151334 – Diversion

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49 CASE DOCKET: BA151334 – Conviction Information

50 CASE DOCKET: BA151334 – Sentencing Information

51 CASE DOCKET: BA151334 – Conviction & Sentencing Information BA151334 6/2/97 LAPD HS 11350(a) F 11/17/97 Crim Justice Ctr DA 16 M Prison

52 Try these on your own 94R09291 (1203.4a) PC 647(b), M; Offense: 6/17/94; Arrest: LAPD; Conviction: 12/7/94, Centl Arr.; CA; No probation; 150 Days Jail & HIV Test - Served 9CR27243 (1203.4) PC 242-243(e), M; Offense: 7/6/99; Arrest: LAPD; Conviction: 7/8/99, Centl Arr.; CA; Probation End 7/7/01; Restitution unpaid VA033689 (Interlineation) PC 459, M; Offense: 8/4/95; Arrest: LASD; Conviction: 7/11/96, Bellflower; DA; Probation End 7/10/99; Restitution Waived BA151334 (DEJ >> COR) HS 11350(a), F; Offense: 6/2/97; Arrest: LAPD; Conviction: 11/17/97, Crim. Justice Ctr.; DA; Failed Diversion Program; No Probation; Prison Imposed & Executed 94M05413 (Probation Revocation)

53 CASE DOCKET: 94M05413 – Case Information 94M05413 11/12/94 Santa Monica PD

54

55 CASE DOCKET: 94M05413 – Interlineation

56 CASE DOCKET: 94M05413 – Conviction Information 94M05413 11/12/94 Santa Monica PD PC 476(a) HS 11364(a) M M ''

57 CASE DOCKET: 94M05413 – Conviction Information 94M05413 11/12/94 Santa Monica PD PC 476(a) HS 11364(a) M M '' 11/30/94 '' Santa Monica '' CA ''

58 CASE DOCKET: 94M05413 – Sentencing Information 94M05413 11/12/94 Santa Monica PD PC 476(a) HS 11364(a) M M '' 11/30/94 '' Santa Monica '' CA ''

59 CASE DOCKET: 94M05413 – Post Sentencing Information

60 94M05413 11/12/94 Santa Monica PD PC 476(a) HS 11364(a) M M '' 11/30/94 '' Santa Monica '' CA '' 6/1/95 To 4/11/97 = ~1y, 10m, 10d 11/29/95 plus 1 y, 10m, 10d = ~10/10/97 ''

61 Try these on your own 9CR27243 (1203.4) PC 242-243(e), M; Offense: 7/6/99; Arrest: LAPD; Conviction: 7/8/99, Centl Arr.; CA; Probation End 7/7/01; Restitution unpaid 94R09291 (1203.4a) PC 647(b), M; Offense: 6/17/94; Arrest: LAPD; Conviction: 12/7/94, Centl Arr.; CA; No probation; 150 Days Jail & HIV Test - Served VA033689 (Interlineation) PC 459, M; Offense: 8/4/95; Arrest: LASD; Conviction: 7/11/96, Bellflower; DA; Probation End 7/10/99; Restitution Waived BA151334 (DEJ >> COR) HS 11350(a), F; Offense: 6/2/97; Arrest: LAPD; Conviction: 11/17/97, Crim. Justice Ctr.; DA; Failed Diversion Program; No Probation; Prison Imposed & Executed 94M05413 (Probation Revocation) PC 476(a), M; HS 11364(a), M; Offense: 11/12/94; Arrest: SaMo PD; Conviction: 11/30/94; CA; Probation End 10/10/97; Restitution ?

62 ANALYZING CRIMINAL RECORDS – END RESULT 94R09291 6/17/94 LAPD PC 647(b) M Central Arraign 12/7/94 CA 150 D J HIV Test 9CR27243 7/6/99 LAPD PC 242-243(e) M 7/8/99 Central Arraign CA 7/7/01 VA033689 8/4/95 LASD PC 459M 7/11/96 Bellflower DA 7/10/99 BA151334 6/2/97 LAPD HS 11350(a) F 11/17/97 Crim Justice Ctr DA 16 M Prison 94M05413 11/12/94 Santa Monica PD PC 476(a) HS 11364(a) M M '' 11/30/94 '' Santa Monica '' CA '' ~10/10/97 ''

63 Practice Analyzing Records – Reading a RAP Sheet Reading a RAP Sheet Record of Every Fingerprint Will Include More Than Convictions Arrests, License Applications, Government Job Applications Records Separated by Asterisks

64 Practice Analyzing Records – Reading a RAP Sheet Reading a RAP Sheet Record of Every Fingerprint Records Separated by Asterisks Conviction Records Contain Dashes Above Dashed Line = Arrest Info Below Dashed Line = Court Info

65 RAP Sheet: Getting Information 31219181 2/19/82 CAPD Los Angeles PC 484(a) M 4/13/82 Metro 24 Mos

66 Practice Analyzing Records – Reading a RAP Sheet RAP Sheet Post-Sentencing Tricks Multiple Dates in Court Info Sometimes multiple dashed lines, not always Sometimes indicate sentencing changes, which often indicate probation violation

67 Practice Analyzing Records – Reading a RAP Sheet RAP Sheet Post-Sentencing Tricks Multiple Dates in Court Info Sometimes multiple dashed lines, not always Sometimes indicate sentencing changes, which often indicate probation violation Arrests on Warrants Often warrant # is a case # (with stuff tacked on the beginning & end) Indicates likely violation If case number is not accounted for elsewhere, bring to attention of atty

68 Practice Analyzing Records – Reading a RAP Sheet RAP Sheet Post-Sentencing Tricks Multiple Dates in Court Info Sometimes multiple dashed lines, not always Sometimes indicate sentencing changes, which often indicate probation violation Arrests on Warrants Often warrant # is a case # (with stuff tacked on the beginning & end) Indicates likely violation If case number is not accounted for elsewhere, bring to attention of atty CDC Custody Will often contain case number in record comments Prison was executed for that case

69 Practice Filling Out FW-001 One For Each Case Make Copies Before Client Signs Make the Information Make Sense Claiming absolutely no income and no expenses – unrealistic Claiming expenses far in excess of income – unrealistic Ask Prompting Questions How often do you get groceries/gas/etc. How much do you usually spend each time? Electric? Cell Phone? Water? Gas?

70 O O

71 FW-001 : Filling out the form (page 1 of 2) Step Through These Options

72 FW-001 : Filling out the form (page 2 of 2) 5(b) & 5(c)5(c) NOTES: Fill out left column if box 5(b) or 5(c) is checked on the front. Fill out right column if box 5(c) is checked on the front. Household Income in (9) only includes those that the client declare as his/her dependents or those that declare the client as their dependent.

73 Practice Declaration Explanation of Facts to the Court These facts are the clients life. Clients chance to explain their story to the court. Your job: Help do it in a beneficial way. Remember: Interests of Justice Standard Point of letter is to show judge why interests of justice favor granting petition. Interests of Justice Factors: Public Safety Restitution Punishment Rehabilitation Burdens on Petitioner

74 Practice Declaration – Factors: Public Safety Declaration – Interests of Justice Public Safety = Recidivism Why is this person a good bet? Change of Heart Reasons for changing life The more concrete the better Judges POV: Describable turning point increases credibility, decreases likelihood of going back Changed Life Efforts and/or results Ties in closely with rehabilitation

75 Practice Declaration – Factors: Rehabilitation Declaration – Interests of Justice Rehabilitation Admission of Guilt This is what happened, I am sorry. Judges POV: Persons ability to take responsibility shows theyve changed Programs Rehab Programs, Education, Training Life Changes Working, volunteering, education, religion Stability of family & friends Same or different people than before? Judges POV: When people rehabilitate they leave old bad influences behind

76 Practice Declaration – Factors: Burdens on Petitioner Declaration – Interests of Justice Burdens on Petitioner Tangible Necessity for the Petition The more concrete, the better Immediate need E.g., ongoing barriers faced due to conviction Preparation for the future E.g., completing training, preparing to enter workforce Also Emotional Burdens Closing the door on past life Gaining pride, recognition by court of their efforts to change

77 Practice Declaration – What to Avoid Declaration – Things to Avoid Things to Avoid Sob Story Focus on present & change Some background for context – too much = excuses, pinning the blame Deflecting Responsibility Theyre already convicted – in the eyes of the court they are fully responsible. The whole truth vs. helpful facts Long Paragraphs Short & sweet – keep judges attention Conflicting Facts & Inconsistencies Pay attention to the complete picture Half hour chat vs. 30-second reading

78 Practice Declaration – Common Problem Declaration – Common Problems Innocent Client Helpful Facts vs. The Whole Truth If necessary, leave out discussion of crimes Loner Client Focus on internal thought process Feelings about themselves & their path Redirected energies – even if not social Art Meditation Working Scatter Client Try to find a common pattern Relapse? Focus on why this time is different

79 (1) INTRODUCTION (2) PRELIMINARY QUESTIONS (1) Eligibility (2) US Citizenship (3) Additional Cases (3) FEE WAIVER Role-Playing

80 SEE YOU AT 9:30AM SATURDAY, SEPTEMBER 15TH, 2012 CENTRO C.H.A., INC. CENTER FOR WORKING FAMILIES 1900 ATLANTIC AVE., 2 ND FLOOR LONG BEACH, CA 90806 CT TURNEY 323-592-9845 CTTURNEY@ANEWWAYOFLIFE.ORG Thank you!!!


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