A NEW WAY OF LIFE REENTRY PROJECT

CT TURNEY, STAFF ATTORNEYCTTURNEY@ANEWWAYOFLIFE.ORG

Reentry Legal Clinic Training

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

• ROLE-PLAYING

Schedule

THE UNAUTHORIZED PRACTICE OF LAW

CLINIC OVERVIEW

Introduction & Overview

Introduction & Overview

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 Don’t Assume They Can Tell

Legal Info vs. Legal Advice Describing the Law – OK Applying the Law – NOT OK Recommendations – NOT OK

Introduction & Overview

Clinic Overview

You Collect Info, We File Petitions

Basic Procedure1. Meet Client2. Get Case Info3. Sign Forms

CR-180 Fee Waiver (if needed)

4. Declaration (if needed)5. Scanning6. Attorney Review/Consult/Sign-off7. Conclude

Clinic As Starting Point

AVAILABLE REMEDIES

FUNCTIONS & LIMITATIONS OF “EXPUNGEMENT”

ELIGIBILITY FOR REMEDIES

Theory

Theory

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

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 . . .”

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 . . .”

Theory

Functions & Limitations of “Expungement”

Drawbacks: It remains in the public record

Court Records LiveScan / Fingerprinting “Dismissed pursuant to P.C. § 1203.4” =

“You’re 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

Theory

Eligibility for Relief

First – Establish Client’s Eligibility Not currently involved with the

criminal justice system Not on probation Not on parole Not facing new charges Not incarcerated

Second – Establish Conviction’s Eligibility Criteria used depends on whether

probation was granted or not

Theory

Eligibility for Relief – Granted Probation

Probation Was GrantedWhat law applies?

1203.4

Is conviction eligible?

Is expungement mandatory?

Prison sentence never executed• Imposition vs. execution• Prison vs. jailProbation terminated early• In a good wayORProbation successfully completed• Not found in violation• No new crimes during

probation• Fines & restitution paidFelony vs. misdemeanor plays no role in

determining mandatory vs. discretionary

If eligible but not mandatory, expungement is discretionary and declaration is needed.

Theory

Eligibility for Relief – Not Granted Probation

Probation Was Not GrantedWhat law applies?

1203.4a

Is conviction eligible?

Is expungement mandatory?

Misdemeanor or Non-Vehicle-Code Infraction• Not a traffic ticket• Not a felonyANDDefendant served sentence• Paid fine• Served jail timeANDAt 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.

Theory

Eligibility for Relief – Court Discretion for Dismissal

Court Discretion “In the Interests of Justice”

State’s Interests Punishment/Deterrence Public Safety Victim Restitution Rehabilitation

Defendant’s Interests Rehabilitation Burdens on Survival – Employment,

Housing, Family Factors – NOT a Balancing Test

State’s & defendant’s interests often align

Keep these factors in mind when writing declarations

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 prisonOR 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

ANALYZING RECORDS

Initial QuestionsReading an LA Case Docket

Reading a RAP Sheet

COMPLETING FW-001

DECLARATIONS

Practice

Practice

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?

Practice

Analyzing Records

We need to know: Case Information

Case number Arresting agency Arresting date Prosecuting attorney’s office (CA/DA)

Conviction & Sentence Information Type (misdemeanor/felony) Offenses found guilty Date Court Sentence / Probation

Post-Sentencing Violations Fines & fees Revocations

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

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)

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

CASE DOCKET: 94R09291 – Case Information

94R09291 6/17/94 LAPD

94R09291 6/17/94 LAPDPC 647(b) M

CASE DOCKET: 94R09291 – Conviction Information

94R09291 6/17/94 LAPDPC 647(b) MCentral Arraign12/7/94

CA

CASE DOCKET: 94R09291 – Sentencing Information

94R09291 6/17/94 LAPDPC 647(b) MCentral Arraign12/7/94

CA150 D J

HIV Test

CASE DOCKET: 94R09291 – Post Sentencing Information

94R09291 6/17/94 LAPDPC 647(b) MCentral Arraign12/7/94

CA150 D J

HIV Test

CASE DOCKET: 9CR27243 – Case Information

9CR272437/6/99 LAPD

CASE DOCKET: 9CR27243 – Conviction Information

9CR27243 7/6/99 LAPDPC242-243(e)M

7/8/99 Central ArraignCA

CASE DOCKET: 9CR27243 – Sentencing Information

9CR27243 7/6/99 LAPDPC242-243(e)M

7/8/99 Central ArraignCA

CASE DOCKET: 9CR27243 – Post-Sentencing Information

9CR27243 7/6/99 LAPDPC242-243(e)M

7/8/99 Central ArraignCA 7/7/01

PLEASE BE BACK IN 5 MINUTES!! !

Break

Try these on your own

94R09291 (1203.4a) PC 647(b), M; Offense: 6/17/94; Arrest: LAPD; Conviction: 12/7/94,

Cent’l Arr.; CA; No probation; 150 Days Jail & HIV Test - Served9CR27243 (1203.4)

PC 242-243(e), M; Offense: 7/6/99; Arrest: LAPD; Conviction: 7/8/99, Cent’l Arr.; CA; Probation End 7/7/01; Restitution unpaid

VA033689 (Interlineation)

BA151334 (DEJ >> COR)

94M05413 (Probation Revocation)

CASE DOCKET: VA033689 – Case Information

VA033689 8/4/95 LASD

CASE DOCKET: VA033689 – Conviction Information

VA033689 8/4/95 LASDPC 459 M7/11/96 Bellflower

DA

???

CASE DOCKET: VA033689 – Sentence Information

VA033689 8/4/95 LASDPC 459 M7/11/96 Bellflower

DA 7/10/99

Try these on your own

94R09291 (1203.4a) PC 647(b), M; Offense: 6/17/94; Arrest: LAPD; Conviction: 12/7/94,

Cent’l Arr.; CA; No probation; 150 Days Jail & HIV Test - Served9CR27243 (1203.4)

PC 242-243(e), M; Offense: 7/6/99; Arrest: LAPD; Conviction: 7/8/99, Cent’l 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 WaivedBA151334 (DEJ >> COR)

94M05413 (Probation Revocation)

CASE DOCKET: BA151334 – Case Information

BA151334 6/2/97 LAPD

CASE DOCKET: BA151334 – Diversion

CASE DOCKET: BA151334 – Diversion

CASE DOCKET: BA151334 – Conviction Information

CASE DOCKET: BA151334 – Sentencing Information

CASE DOCKET: BA151334 – Conviction & Sentencing Information

BA151334 6/2/97 LAPDHS11350(a)

F11/17/97 Crim Justice Ctr

DA 16 MPrison

Try these on your own

94R09291 (1203.4a) PC 647(b), M; Offense: 6/17/94; Arrest: LAPD; Conviction: 12/7/94,

Cent’l Arr.; CA; No probation; 150 Days Jail & HIV Test - Served9CR27243 (1203.4)

PC 242-243(e), M; Offense: 7/6/99; Arrest: LAPD; Conviction: 7/8/99, Cent’l 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 WaivedBA151334 (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)

CASE DOCKET: 94M05413 – Case Information

94M05413 11/12/94 Santa Monica PD

CASE DOCKET: 94M05413 – Interlineation

CASE DOCKET: 94M05413 – Conviction Information

94M05413 11/12/94 Santa Monica PDPC 476(a)

HS11364(a)

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CASE DOCKET: 94M05413 – Conviction Information

94M05413 11/12/94 Santa Monica PDPC 476(a)

HS11364(a)

M

M''''''

11/30/94

''

Santa Monica

''

CA

''

CASE DOCKET: 94M05413 – Sentencing Information

94M05413 11/12/94 Santa Monica PDPC 476(a)

HS11364(a)

M

M''''''

11/30/94

''

Santa Monica

''

CA

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CASE DOCKET: 94M05413 – Post Sentencing Information

CASE DOCKET: 94M05413 – Post Sentencing Information

94M05413 11/12/94 Santa Monica PDPC 476(a)

HS11364(a)

M

M''''''

11/30/94

''

Santa Monica

''

CA

''

6/1/95To4/11/97=~1y, 10m, 10d

11/29/95plus 1 y, 10m, 10d=~10/10/97

~10/10/97

''

Try these on your own

9CR27243 (1203.4) PC 242-243(e), M; Offense: 7/6/99; Arrest: LAPD; Conviction: 7/8/99,

Cent’l Arr.; CA; Probation End 7/7/01; Restitution unpaid94R09291 (1203.4a)

PC 647(b), M; Offense: 6/17/94; Arrest: LAPD; Conviction: 12/7/94, Cent’l 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 WaivedBA151334 (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 ?

ANALYZING CRIMINAL RECORDS – END RESULT

94R09291 6/17/94 LAPDPC 647(b) M

Central Arraign12/7/94CA

150 D JHIV Test

9CR27243 7/6/99 LAPDPC242-243(e)M

7/8/99 Central ArraignCA 7/7/01

VA033689 8/4/95 LASDPC 459 M

7/11/96 BellflowerDA 7/10/99

BA1513346/2/97 LAPD

HS11350(a)

F11/17/97 Crim Justice Ctr

DA16 MPrison

94M05413 11/12/94 Santa Monica PDPC 476(a)

HS11364(a)

M

M''

11/30/94

''

Santa Monica

''

CA

''

~10/10/97

'''' ''

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

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

RAP Sheet: Getting Information

31219181 2/19/82 CAPD Los AngelesPC 484(a)M4/13/82 Metro 24 Mos

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

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

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

Practice

Filling Out FW-001

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?

O

O

FW-001 : Filling out the form (page 1 of 2)

Step Through These Options

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.

Practice

Declaration

Declaration Explanation of Facts to the Court

These facts are the client’s life. Client’s 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

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

Judge’s POV: Describable “turning point” increases credibility, decreases likelihood of going back

Changed Life Efforts and/or results Ties in closely with rehabilitation

Practice

Declaration – Factors: Rehabilitation

Declaration – Interests of Justice Rehabilitation

Admission of Guilt This is what happened, I am sorry. Judge’s POV: Person’s ability to take

responsibility shows they’ve changed Programs

Rehab Programs, Education, Training Life Changes

Working, volunteering, education, religion

Stability of family & friends Same or different people than before?

• Judge’s POV: When people rehabilitate they leave old “bad” influences behind

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

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

They’re already convicted – in the eyes of the court they are fully responsible.

The whole truth vs. helpful facts Long Paragraphs

Short & sweet – keep judge’s attention

Conflicting Facts & Inconsistencies Pay attention to the complete

picture Half hour chat vs. 30-second reading

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

(1) INTRODUCTION(2) PRELIMINARY QUESTIONS

(1) Eligibility(2) US Citizenship(3) Additional Cases

(3) FEE WAIVER

Role-Playing

SEE YOU AT 9 :30AMSATURDAY, SEPTEMBER 15TH, 2012

CENTRO C.H.A . , INC. CENTER FOR WORKING FAMILIES

1900 ATLANTIC AVE. , 2 N D FLOORLONG BEACH, CA 90806

CT TURNEY323-592-9845

CTTURNEY@ANEWWAYOFLIFE.ORG

Thank you!!!