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]