Reentry Legal Clinic Training A NEW WAY OF LIFE REENTRY PROJECT CT TURNEY, STAFF ATTORNEY [email protected].
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Transcript Reentry Legal Clinic Training A NEW WAY OF LIFE REENTRY PROJECT CT TURNEY, STAFF ATTORNEY [email protected].
Reentry Legal Clinic Training
A NEW WAY OF LIFE REENTRY PROJECT
CT TURNEY, STAFF ATTORNEY
[email protected]
Schedule
• INTRODUCTION & OVERVIEW
• THEORY
• PRACTICE
Reading a Case Docket & DOJ rap sheet
• Filling out FW-001
• Supporting Evidence: Declaration
• ROLE-PLAYING
•
Introduction & Overview
THE UNAUTHORIZED PRACTICE OF LAW
CLINIC 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
You Collect Info, We File Petitions
Introduction &
Overview
Clinic Overview
Basic Procedure
1.
Meet Client
2.
Get Case Info
3.
Sign Forms
CR-180
Fee Waiver (if needed)
4.
5.
6.
7.
Declaration (if needed)
Scanning
Attorney Review/Consult/Sign-off
Conclude
Clinic As Starting Point
Theory
AVAILABLE REMEDIES
FUNCTIONS & LIMITATIONS OF
“EXPUNGEMENT”
ELIGIBILITY FOR REMEDIES
Dismissal (aka “Expungement”)
PC § 1203.4
Theory
Available Remedies
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
Penal Code § 1203.4 / 1203.4a
Theory
Functions &
Limitations of
“Expungement”
“…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 . . .”
Penal Code § 1203.4 / 1203.4a
Theory
Functions &
Limitations of
“Expungement”
“…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 . . .”
Drawbacks:
Court Records
LiveScan / Fingerprinting
“Dismissed pursuant to P.C. § 1203.4” =
“You’re not fooling anyone”
Theory
Functions &
Limitations of
“Expungement”
It remains in the public record
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
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
Eligibility for Relief
Second – Establish Conviction’s
Eligibility
Criteria used depends on whether
probation was granted or not
Probation Was Granted
Theory
Eligibility for Relief –
Granted Probation
What law applies?
1203.4
Is conviction
eligible?
Prison sentence never executed
• Imposition vs. execution
• Prison vs. jail
Is expungement
mandatory?
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.
Probation Was Not Granted
Theory
Eligibility for Relief –
Not Granted Probation
What law applies?
1203.4a
Is conviction
eligible?
Misdemeanor or Non-VehicleCode 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
Is expungement
mandatory?
One Year Rule
• No new crimes in first year
after conviction
If eligible but not mandatory, expungement is
discretionary and declaration is needed.
Court Discretion
“In the Interests of Justice”
Theory
State’s Interests
Punishment/Deterrence
Public Safety
Victim Restitution
Rehabilitation
Defendant’s Interests
Rehabilitation
Burdens on Survival – Employment,
Housing, Family
Eligibility for Relief –
Court Discretion for
Dismissal
Factors – NOT a Balancing Test
State’s & defendant’s interests often align
Keep these factors in mind when writing
declarations
Reduction to Misdemeanor (17(b))
Conviction must be a “wobbler”
Theory
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)
Eligibility for Relief –
Reduction to
Misdemeanor
Imposition of sentence must be
suspended
Imposition vs. Execution
Always at the discretion of the court
Declaration required
Practice
ANALYZING RECORDS
Initial Questions
Reading an LA Case Docket
Reading a RAP Sheet
COMPLETING FW-001
DECLARATIONS
Initial Questions
Practice
Analyzing Records –
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?
We need to know:
Case Information
Case number
Arresting agency
Arresting date
Prosecuting attorney’s office (CA/DA)
Practice
Analyzing Records
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 Nature of Proceeding
Then “Cast of Characters”
Then Description of Events
Then Next Scheduled Proceeding
CASE DOCKET: 94R09291 – Case Information
94R09291
6/17/94
LAPD
94R09291 PC 647(b) M
6/17/94
LAPD
CASE DOCKET: 94R09291 – Conviction Information
94R09291 PC 647(b) M
12/7/94
6/17/94
Central Arraign
LAPD
CA
CASE DOCKET: 94R09291 – Sentencing Information
94R09291 PC 647(b) M
12/7/94
6/17/94
Central Arraign
LAPD
CA
150 D J
HIV Test
CASE DOCKET: 94R09291 – Post Sentencing Information
94R09291 PC 647(b) M
12/7/94
6/17/94
Central Arraign
LAPD
CA
150 D J
HIV Test
CASE DOCKET: 9CR27243 – Case Information
9CR27243
7/6/99
LAPD
CASE DOCKET: 9CR27243 – Conviction Information
9CR27243
PC
M
242-243(e)
7/8/99
7/6/99
Central Arraign
LAPD
CA
CASE DOCKET: 9CR27243 – Sentencing Information
9CR27243
PC
M
242-243(e)
7/8/99
7/6/99
Central Arraign
LAPD
CA
CASE DOCKET: 9CR27243 – Post-Sentencing Information
9CR27243
PC
M
242-243(e)
7/8/99
7/6/99
Central Arraign
LAPD
CA
7/7/01
Break
PLEASE BE BACK IN 5 MINUTES!!!
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 - Served
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 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
PC 459
M
7/11/96
8/4/95
Bellflower
LASD
DA
CASE DOCKET: VA033689 – Sentence Information
VA033689
PC 459
M
7/11/96
8/4/95
Bellflower
LASD
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 - Served
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 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)
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
HS
11350(a)
F
11/17/97
6/2/97
Crim Justice Ctr
LAPD
DA
16 M
Prison
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 - Served
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 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)
CASE DOCKET: 94M05413 – Case Information
94M05413
11/12/94
Santa Monica PD
CASE DOCKET: 94M05413 – Interlineation
CASE DOCKET: 94M05413 – Conviction Information
94M05413 PC 476(a) M 11/12/94
''
HS
11364(a)
M
''
Santa Monica PD
''
CASE DOCKET: 94M05413 – Conviction Information
11/30/94
94M05413 PC 476(a) M 11/12/94
''
HS
11364(a)
M
''
''
Santa Monica
Santa Monica PD
''
''
CA
''
CASE DOCKET: 94M05413 – Sentencing Information
11/30/94
94M05413 PC 476(a) M 11/12/94
''
HS
11364(a)
M
''
''
Santa Monica
Santa Monica PD
''
''
CA
''
CASE DOCKET: 94M05413 – Post Sentencing Information
CASE DOCKET: 94M05413 – Post Sentencing Information
6/1/95
To
4/11/97
=
~1y, 10m, 10d
11/29/95
plus
1 y, 10m, 10d
=
~10/10/97
11/30/94
94M05413 PC 476(a) M 11/12/94
''
HS
11364(a)
M
''
''
Santa Monica
Santa Monica PD
''
''
CA ~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 unpaid
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 - 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 ?
ANALYZING CRIMINAL RECORDS – END RESULT
94R09291
PC 647(b) M
9CR27243
PC
M
242-243(e)
12/7/94
6/17/94
7/8/99
7/6/99
7/11/96
8/4/95
11/17/97
HS
F
BA151334
11350(a)
6/2/97
11/30/94
94M05413 PC 476(a) M 11/12/94
VA033689
''
PC 459
HS
11364(a)
M
M
''
''
Central Arraign
LAPD
Central Arraign
LAPD
Bellflower
LASD
Crim Justice Ctr
LAPD
Santa Monica
Santa Monica PD
''
''
150 D J
HIV Test
CA
CA
7/7/01
DA 7/10/99
DA
CA ~10/10/97
'' ''
16 M
Prison
Practice
Reading a RAP Sheet
Record of Every Fingerprint
Analyzing Records –
Reading a RAP Sheet
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
PC 484(a) M
4/13/82
2/19/82
Metro
CAPD Los Angeles
24 Mos
RAP Sheet Post-Sentencing Tricks
Multiple Dates in Court Info
Practice
Analyzing Records –
Reading a RAP Sheet
Sometimes multiple dashed lines, not
always
Sometimes indicate sentencing changes,
which often indicate probation violation
RAP Sheet Post-Sentencing Tricks
Multiple Dates in Court Info
Practice
Sometimes multiple dashed lines, not
always
Sometimes indicate sentencing changes,
which often indicate probation violation
Analyzing Records –
Reading a RAP Sheet
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
RAP Sheet Post-Sentencing Tricks
Multiple Dates in Court Info
Practice
Sometimes multiple dashed lines, not
always
Sometimes indicate sentencing changes,
which often indicate probation violation
Analyzing Records –
Reading a RAP Sheet
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)
NOTES:
5(b) & 5(c)
• 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.
5(c)
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.
Practice
Declaration
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 – Interests of Justice
Burdens on Petitioner
Declaration – Factors:
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 Problems
“Innocent” Client
Helpful Facts vs. The Whole Truth
If necessary, leave out discussion of
crimes
Declaration – Common
Problem
“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
Role-Playing
(1) INTRODUCTION
(2)PRELIMINARY QUESTIONS
(1)
(2)
(3)
Eligibility
US Citizenship
Additional Cases
(3)FEE WAIVER
Thank you!!!
SEE YOU AT 9:30AM
SATURDAY, SEPTEMBER 15TH, 2012
CENTRO C.H.A., INC. CENTER FOR WORKING FAMILIES
1 9 0 0 A T L A N T I C A V E . , 2 ND F L O O R
LONG BEACH, CA 90806
CT TURNEY
323-592-9845
[email protected]