Expungement is a legal process that allows individuals with a criminal record to have their convictions set aside or dismissed under California Penal Code 1203.4. Here are five significant benefits of obtaining an expungement in California: Enhanced Employment OpportunitiesOne of the most im...
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What is an Expungement Mitigation Letter?
Since judges often have wide discretion in these matters, a well-crafted expungement mitigation letter can be persuasive in helping the judge to decide in your favor.
I Fled the Scene of an Accident. What Now?
Imagine this situation: You've had a couple drinks, and you leave the bar to drive home. Along the way, something jumps in front of your car. It is dark, and you swerve to avoid collision. In the chaos, you don't see the car ahead of you and hit it head-on. It isn't a bad wreck, and you can see t...
How AB 3234 Affects Misdemeanor Diversion
Assembly Bill No. 3234 (AB 3234), also known as PC 1001.95, expands opportunities for second chances by allowing California courts to initiate misdemeanor diversion programs. According to Assemblymember Phil Ting, judges will now have “the discretion to place first-time misdemeanor offenders in a...
How AB 1950 Reduces Probation Time in California
What is Assembly Bill 1950? Taking effect on January 1, 2021, Assembly Bill 1950 will limit the amount of time on probation a person can be ordered to serve in California. The maximum term of probation for most misdemeanor offenses is now one year, while the maximum term for most felonies is two ...
How to Seal Your Arrest Record in California
Understanding the California Penal Code on Sealing an Arrest Did you know that your arrest will remain on your criminal record even if no charges were filed? Additionally, even if you were criminally charged, if those charges were dropped or you were acquitted, that arrest and the associated reco...
Everything You Need to Know About Expungements
1 in 3 adult Americans has a criminal record. That's over 70 million people. By FBI standards, anyone who has been arrested on a felony charge has a criminal record, even if that charge didn't lead to a conviction. Unfortunately, those records affect adults years later when it comes to getting a ...
16 Ways to Not Get Arrested at Burning Man
I know you can't wait to be on the playa. Whether it is your first time or your 20th time, the excitement is very real. But of course, so are the risks. In a given year, hundreds of citations are issued and dozens of people are arrested at burning man. I don't want it to happen to you. Law enforc...
22348(B) VC – Fighting a Violation for Speeding over 100MPH
22348(b) vcimposes stiff penalties under the California Vehicle Code for driving over 100 miles per hour. A conviction for22348(b) vc can result in a license suspension for 30 days to one year and a fine of $500 to $1000. In addition, if you are cited for speeding over 100 miles per hour, you wi...
Speed Contests Under California Law – Vehicle Code 23109(a)
In California, under California Vehicle Code Section 23109(a), it is illegal to willfully participate in a speed contest. Under the law, a speed contest is when you race your vehicle against another car, or against a clock or other timing device. (If you race your car and injure someone, or evade...
What Do I Do If I Have a Bench Warrant out for My Arrest in California?
Many people contact my office after learning that they have a bench warrant out for their arrest in San Francisco. This can happen for a variety of reasons, but the reaction is usually the same—fear in the form of being arrested and held indefinitely in jail. (“FTA” or Failure to Appear) bench ...
A Los Angeles Expungement Can Be a Game Changer
More of our clients than ever are seeking a Los Angeles expungement. Of the eight million Californians living with an old criminal conviction, their prior conviction has a long lasting impact. Technically, in California the processes informally known as expungement is called a “petition for dismi...
Should I Answer Questions From the FBI?
I'm frequently asked by clients whether they should answer questions from the FBI local detectives or any other police agency. The simple answer to that question is absolutely, positively, hell no! While it's a crime to lie to the FBI, that doesn't mean that you have to talk to them. You should n...
How Many Drinks Before it is Illegal to Drive in California
I'm often asked, “how many beers can you drink and drive?” One of the reasons that so many people are arrested for DUI in California is because it is often hard to know whether or not you are over the legal limit. The chart below offers a rough guide, but it is very difficult to know whether you ...
Am I Eligible For An Expungement?
Clients often ask us whether they are eligible for an expungement, and how to have a past conviction expunged from their record. Changes in the law and technology means that a background check is a reality for all sort of important situations, such as promotions, professional licenses, immigratio...
New Location for Beahm Law
Beahm Law's San Francisco office is now located in the heart of the SoMa District (South of Market for the out-of-towners), at 877 Bryant St. We're excited about the new space and the central location (across from the courthouse), and we think you'll like it, too.
What is Reckless Driving? (CVC 23103)
What is California Vehicle Code Section 23103 In California, under California Vehicle Code Section 23103, “a person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving,” which is a misdemeanor. (If you injure someo...
Questioning Dan Abrams
Spring kicked into gear with Avvo's Lawyernomics conference in Las Vegas. Check out my interaction with legal pundit Dan Abrams. He thinks the justice system is tilted in favor of the defendant. What do you think?
We’ve Moved!
Beahm Law's San Francisco office is now located in the heart of the Embarcadero, at 463 Broadway between Kearny Street and Montgomery Street. We're excited about the new space, and we think you'll like it, too!
Could the Portuguese Drug Policy Model Work Here?
Lisbon is very similar to its sister city, San Francisco—right down to the cable cars and a virtually identical version of the Golden Gate Bridge. However, Portugal has a radically different drug policy than the US. As an attorney who deals with drug policy on a regular basis, I visited Portu...
How to Fight a California Misdemeanor Hit and Run Under VC 20002
Hit and run charges often come from what was actually a misunderstanding of the situation or the law. Or maybe you hit someone and simply drove off. Either way, I am not here to judge you, but to help you get the best possible outcome if you are suspected of a California hit and run under VC 2000...
What Should I Do If the Police Come to My Home?
Having police officers at your door can be intimidating. Police will not read you any rights or advise you of whether you are legally obligated to comply with their requests, so it is best to know your rights before you are faced with police at your door. Don't Answer If you did not request assis...
Can the Police Lie to Me During a DUI Stop?
The short answer to this question is a resounding YES. The police can lie to you, and they will lie to you in order to get a confession or evidence out of you. There are only a few laws which restrict police officers from telling blatant lies to people they arrest, meaning that if you make a conf...
Will I Have To Testify If I Go To Trial For A DUI?
Getting arrested for a DUI is stressful. When someone is arrested, they begin to think about what comes next, including trial. If someone has been arrested for a DUI and their case ends up at trial, don't worry. They don't have to testify. Constitutional Protection The Fifth Amendment of the Unit...
Will My DUI Case Go To Trial?
Most DUI cases result in what is called a plea bargain. This is a deal made between the prosecutor and the defense attorney that the defendant will plead guilty or no contest to the DUI or a lesser charge and be sentenced to a penalty agreed to between the parties. The percentage of DUI cases tha...