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San Jose School Bullying Law

California Law prohibits both school and cyberbullying and harassment of students. Numerous sections of the California Education Code make it illegal and sometimes a hate crime to cause students to be placed in fear of their safety, including by video, text, false images and profiles. Although many older people remember playground scuffles and name-calling, […]

Sex Registration (Penal Code 290) Tiers & Petitions

Beginning January 1, 2021, the CA DOJ began to designate tiers for registrants. Beginning July 1, 2021 on or after their next birthday, mandated minimum requirements may petition for termination of their sex offender registration requirements in the superior court in the county in which they reside. Beginning January 1, 2022, registrants will be […]

Certificate of Rehabilitation

Procedure for Restoration of Rights and Application for Pardon [4852.01 – 4852.22]

( Chapter 3.5 added by Stats. 1943, Ch. 400. )

4852.01.  

(a) A person convicted of a felony who is committed to a state prison or other institution or agency, including commitment to a county jail pursuant to subdivision (h) of Section 1170, may file a […]

Proposition 47

Propostion 47 means that now effective November, 2014, certain felonies are now misdemeanors.  That means if you have in the past been convicted of:

Shoplifiting of goods valued under $950, but charged as commercial burglary under PC 459
Multiple petty thefts with prior petty thefts
All grand theft under $950 including “grand theft person”
Possession of stolen property […]

Assault & Battery

San Jose Assault Lawyer Maureen Baldwin
The legal definition of an assault is the application of force against another. Varying conduct can be charged as “assault” – anything from a shoving match all the way up to very serious cases where the victim is hospitalized, short of attempted murder.
Misdemeanor or Felony
When facing assault and battery […]

Burglary

San Jose Burglary Lawyer Maureen Baldwin
In San Jose California, all burglaries of a residence are first degree burglaries. These are also considered to be “strikes” as well as serious felonies under the Penal Code. A person convicted of first degree burglary is sent to prison, except if the court finds “unusual circumstances”.

For a first offense, […]

Domestic Violence

San Jose Domestic Violence Lawyer Maureen Baldwin
Domestic violence is a label that is used to describe conduct between people who have had a romantic relationship. The parties may be married or may simply have gone out on a few “dates” for domestic violence laws to apply. A number of crimes can be charged as domestic […]

Drug Charges

San Jose Drug Lawyer Maureen Baldwin
San Jose Drug Lawyer Maureen Baldwin has over 30 years of experience handling drug charges. You can count our knowledge of ever-changing drug and search and seizure laws to resolve legal matters associated with drugs for you or a loved one.

Drug laws of course make possession, sales or use of controlled […]

DUI and Drunk Driving Defense

San Jose DUI Lawyer Maureen Baldwin
Maureen F. Baldwin is a San Jose DUI Lawyer and drunk driving defense attorney with 30 years of experience handling DUI charges. Her firm will help you assess your drunk driving case in both the DMV and the court components. California has two separate procedures for DUI cases.

You can have your […]

Embezzlement & Fraud

San Jose Fraud Lawyer
Embezzlement & Fraud
Embezzlement cases can only occur when the perpetrator has access to handling the money of the victim. Embezzlement can be most easily understood as a theft that occurs over a period of time. The crime of embezzlement most commonly occurs in the workplace. It can be as simple as […]

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