Reentry Legal Clinic Training A NEW WAY OF LIFE REENTRY PROJECT CT TURNEY, STAFF ATTORNEY [email protected].
Download ReportTranscript 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]