My 1-1's This Week

This week I had several 1-1 meetings, including a Power Team meeting. I will blog about the Power Team later.

Right now, I just want to spend a few minutes telling you about my meetings with Nelson Prieto from All PC Related Onsite Services and Robert Driml of Next Level Imaging.

First, my meeting with Nelson was fascinating before we ever even got to talk about his business. The guy has been all over the place, he plays music, and - like me - he knows what it means to really bond with a dog...like family.

His business, like his background, is pretty diverse. Networking, sofware ugrades & downloads, network set-up, virus scans, hard drive repair, and about a dozen other things I didn't understand. I was surprised to learn that there really is no job too small for Nelson. He will come to my house and do a check-up on just one computer. Seriously, he is coming to my house to improve the very computer I am using now.

However, it is not the small jobs that get him going. He is looking for the larger small businesses that have five or more computers. He can network them, he can streamline how they work together, and he can make the entire operation more efficient, which will save the business owner money! Hello? In this economy, saving money is as good as making money.

I deal with a lot of people from day to day. You probably do, too. Now, I'm going to look more closely at how those people are working and if I think Nelson can help them, I am going to let them know.

Next, I met with Robert Driml of Next Level Imaging. Once again, a intriguing character.

Robert has done what most small business owners only dream of: he has combined his passion with a hobby to create something truly great. And, not for nothing, but he has the coolest (and biggest) printer I have ever seen.

If I understood correctly, it started for Robert with his passion for Mixed-Martial-Arts (MMA), which he has studied and practiced for years. From those roots, Robert began training and sponsoring fighters. From that grew his own clothing line, "No Wimps."

Eventually, like the guy who invented the Reese's Peanut Butter Cup, Robert combined all of it with a keen eye, a sense of style, and that kick-ass printer I was telling you about, to create Next Level Imaging.

While I was there, I watched as an 18' banner was passing through the printer. With better than surgical precision, the image was laid on the front side of this sticky-back material that will eventually be lit from behind. It was pretty cool. Then again, I'm kind of a geek.

He showed me a variety of samples and prototypes, each as great looking as the next. He showed me a couple concept items that, when they hit the market, are going to blow consumers away.

The one thing that stuck with me the most was the degree of attention to detail he paid to each project; the personal touch. Just for laughs, I asked how his prices compared with the discount online printer I have been using. Let's just say...I have a few printing projects coming up and, for both quality and price, Robert will be getting that business.

Clearing a Criminal Record in CA

Criminal records have always been public information.

Back in the day, getting to that information was time-consuming and somewhat complicated. Today, however, thanks to the internet, your criminal record is only a few mouse clicks and keystrokes away for the whole world to see. Information companies have indexed criminal court records into vast national databases that can be searched by name and date of birth. Now, potential employers, licensing agencies, universities & graduate schools, and professional organizations can conduct a background check of your criminal record in moments.

As easy as it is for others to do background checks, it is likewise easy to expunge your criminal record in California. More importantly, once a felony or misdemeanor conviction is expunged, a prospective employer is barred from using it against you in hiring decisions. Better still, when asked about a prior conviction, you may be able to answer "no."

Hit the Reset Button on a Regrettable Past

The California Penal Code (PC §1203.4) provides that once an individual's criminal record is expunged, the person is released from "all penalties and disabilities" arising out of the conviction. Such a release may be invaluable for securing or maintaining California professional licenses and for joining many professional organizations. This relief offers you a "fresh start" from an otherwise questionable past.

Are You Eligible for a California Expungement?

As a general rule, one is entitled to have a criminal record expunged if, after a misdemeanor or felony conviction:

1. Probation was granted, AND

2. Probation was successfully completed, AND

3. The person is not currently charged with a criminal offense, on probation for a criminal offense or serving a sentence for a criminal offense.

A defendant who was initially or as a result of a probation violation sent to California State Prison does not qualify for an expungement.

"Successfully completing probation" means that the defendant complied with ALL probation terms, attended all court appearances (either personally or through a lawyer), paid all fines & fees, and did not pick up any new criminal cases.

Who Else is NOT Eligible?

There are certain criminal offenses in California that cannot be expunged, such as:

• PC §286(c) California's law against sodomy with a child,

• PC §288 California's lewd acts with a child law,

• PC §288a (c) California's law against oral copulation with a child, and

• PC §261.5(d) California's statutory rape law which prohibits sexual intercourse between persons who are 21 years and older with persons younger than 16.

Is a Probation Violation the End of the World?

NO! The court will hold a special hearing to determine whether you are a good candidate for expungement, despite the probation violation.

Remember, Judges are people too. They have the discretion to consider a variety of factors before deciding whether to grant or deny the expungement petition. That is why it is so important to have skilled representation. The Court will consider your overall performance while on probation, the seriousness of the underlying conviction, your criminal history, and any additional evidence that may demonstrate why an expungement is appropriate.

A good attorney will help persuade and encourage the Court to grant the request by using all available information in a way that portrays you in the best possible light. David Givot, for example, will take advantage of facts such as your opportunity to get a new job, obtain a promotion or maintain a good job; the fact that you are the breadwinner for your family; the fact that you have followed the proper path even after probation, and whatever else may be available to help achieve a successful result.

Why Bother with an Expungement?

While there are a variety of benefits to having a criminal record expunged, some stand out more than others.

For starters, an expungement can help you secure employment. Most people don't know that California law, an employer is prohibited from discriminating against you for being involved in an arrest that didn't result in a conviction. An employer may not inquire about the fact that you suffered an arrest that didn't result in a conviction. Nor may an employer discriminate against you based on the fact that you have expunged convictions.

An expungement can be helpful with obtaining a state professional license, which may be very helpful when competing for a promotion or trying to land a great career.

For some individuals, an expungement may help prevent certain immigration consequences such as deportation.

What's the Bad News?

As you might expect, there are limitations as to what an expungement can do.

In California, an expungement will not overturn a driver's license suspension or revocation, nor will it restore your California gun rights under Penal Code 12021 PC California's felon with a firearm law. An expungement will NOT terminate a duty to register as a California sex offender under PC §290 PC.

In addition, expunged convictions may still be used as prior convictions to enhance sentencing (such as with multiple DUI convictions) and as "strikes" for purposes of California's three strikes law.

As you can see, an expungement goes a long way to make the best of a bad situation. The Law Office of David J. Givot is ready to help you get on with the rest of your life. Let us help you expunge your criminal records throughout California, including Los Angeles, San Bernardino, Riverside, and Orange County.

Call David J. Givot today at (888) 293-0396 for your FREE consultation or visit http://www.thelegalguardian.net/.

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A Few Updated Case Results

The term "Criminal" in Criminal Defense refers to the nature of allegations, accusations, and assumptions. It does not mean that the accused is a criminal. In fact, it is very common that my clients are just regular people who have found themselves in an unfortunate, and very unusual, situation.

The following is an example of just a few recent results I have achieved for my clients.

Misdemeanor Theft (Shoplifting): Client was arrested after allegedly concealing $70 worth of merchandise and attempting to exit a warehouse store. After discussing the issues at hand with the prosecutor and painting a picture of certain mitigating circumstances, there was a small fine and the criminal case was dismissed.

Misdemeanor Drunk in Public: Client was assisting a heavily-intoxicated friend from a bar. The friend could barely stand, so client was supporting her to another friend's vehicle so she could go home and sleep it off. Rather than assisting the inebriated female, police arrested the Good Samaritan - despite the absence of any objective signs of intoxication; despite the fact that the client was neither a danger to himself nor others. Because the client had a prior DUI, the District Attorney sought to prosecute to the fullest extent of the law. Attorney Givot called their bluff and, rather than entertaining any of the misdemeanor offers extended by the DA, he set the matter for trial. When it was clear that the Defense was ready to fight and win, the criminal case was dismissed.

Felony Possession of Heroin: Client suffered a loss of consciousness while in public. Paramedics discovered a small quantity of Heroin in his pocket. At the Emergency Room, client was arrested and upon his release from the hospital he was booked for felony possession. Client was formally charged by the District Attorney and faced two years in State Prison. After careful negotiation and close work with the prosecutor, client will complete a drug treatment program and a short period of probation. When probation is complete, criminal case will be dismissed.

Felony DUI Manslaughter: Client, just 24-years-old, was out for the evening with his 26-year-old female companion. After dinner, a few drinks, and lots of laughs, the two headed toward home in client’s high-performance sports car. Although there was no evidence of reckless driving or excessive speed for the conditions, the vehicle lost control on a windy road with an uneven grade. Tragically, the car struck a tree on the passenger side and the companion was killed instantly. Client was charged with multiple felony counts and faced nearly a decade in state prison. The legal team, which included Mr. Givot and Attorney David Borsari and Attorney Veronica Guzman, worked tirelessly reviewing evidence, law, custody credits, and specific mitigating factors. The team worked with the client’s family as well as prosecutors to achieve the best possible result in a case where there could be no winner. Ultimately, the case resolved without the trauma of a trial and the client is expected to be home after serving approximately 364 days.

Misdemeanor DUI (under 21-years-old) and Possession of Alcohol by a Minor: Client was stopped by police for allegedly speeding. Police discovered an unopened beer in the center console and accused client of driving while intoxicated. Client was arrested and charged, despite the fact that the police did not perform any chemical blood/alcohol test. After exposing and discussing the inherent weaknesses of the prosecution’s case, client paid a small fine for the beer and the criminal case was dismissed.

Felony Domestic Violence: Client, a Paramedic in Southern California, found himself in a heated argument with his wife. The exchange, just one of many sparked by economic difficulties, led to yelling and, ultimately, both spouses removing themselves from the situation. Nevertheless, before separating themselves to cool off, both had called police claiming the other had assaulted them. When police arrived, client’s wife – who had scratched her own arms out of frustration – claimed the scratches were caused by client. He was arrested and booked on suspicion of felony spousal battery. Attorney Givot met with client prior to the arraignment and noted right away that client’s fingernails had been so frequently bitten for so long, that the finger tips had literally begun to grow over the nails – thus making it impossible for client to have scratched anyone. On the day of the arraignment, Attorney Givot went to both the District Attorney and the arresting Police agency to discuss the matter BEFORE any formal charges were filed. After a harried morning of running around, no criminal charges were filed.

As you can see, there are no small criminal cases...each is very important to the people involved.

If you or a loved one is facing criminal charges or has been arrested, there is no time to waste. Contact the Law Office of David J. Givot for your FREE consultation.

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