Criminal Law Question: Will Expunging My Felony Conviction Restore My Gun Rights?
Answer: In general, if you were sentenced to probation instead of prison, then you can petition the court to reduce your felony conviction to a misdemeanor under Penal Code section 17(b). If the court grants your petition, you can then expunge it. See Penal Code 1203.4(a)(1). Once your conviction has…
Misdemeanor Domestic Violence: What Are the Consequences and What Does the Prosecutor Have to Prove?
A person convicted of misdemeanor domestic violence under Penal Code §243(e)(1) may be punished by: Imprisonment in county jail for up to one year;[i] A fine of up to $2,000;[ii] Both jail time and the fine;[iii] A criminal protective order that prohibits contact with the victim for up to 10…
Criminal Defense Q&A: First-Time DUI – How Long Will My License Be Suspended for?
Answer: A first-time DUI conviction results in a driver's license suspension of six months. California Vehicle Code 13352(a)(1). A restricted license, once obtained, lasts for five months. See California Vehicle Code section 13353.7(a)(3). Continue reading criminal defense attorney Michael J. Ocampo's answer to this question at Avvo: "How long can the…
5 Types of Restraining Orders in California and What You Need to Know About Them
Restraining orders can vary in terms of what they prohibit a person from doing, when they can be issued, and how long they remain in effect. Criminal defense attorney Michael J. Ocampo presents an overview of five different restraining orders as an Avvo Legal Guide contributor. Read the article on…
Arrested for DUI? Beware: The DMV Can Suspend a Person’s License Within 30 Days of the Arrest
It’s true that one of the consequences of being convicted of DUI in California is having your driver’s license suspended.[i] And since there’s so much that has to happen before a person can be convicted — like getting a lawyer, going to court, negotiating with the prosecutor, and possibly going…