ACSOL’s Conference Calls

Conference Call Recordings Online
Dial-in number: 1-712-770-8055, Conference Code: 983459


Monthly Meetings | Recordings (3/20 Recording Uploaded)
Emotional Support Group Meetings

Action ItemsCalifornia

Comments Sought for Draft California Tiered Registry Forms

[ACSOL]

The Criminal Law Advisory Committee of the the Judicial Council of California has prepared and released four draft forms to be used when the petitioning process of the Tiered Registry Law becomes effective in July 2021.  Comments regarding the draft forms is due to the Committee no later than June 9, 2020.

The four draft forms include: Petition to Terminate Sex Offender Registration (CR-415), Acknowledgment of Receipt by Law Enforcement/District Attorney (CR-416), Response by District Attorney to Petition (CR-417) and Order on Petition (CR-418).  In addition, the Council has prepared an information sheet with instructions regarding how to file a petition (CR-415INFO).  A link to all of the forms is provided below.

“It is encouraging that the Committee is seeking comments from the public regarding its draft forms,” stated ACSOL Executive Director Janice Bellucci.

The draft petition form (CR-415) consists of three pages with a total of 10 questions.  Most of the questions in the draft petition form require the petitioner to check a box or to provide a short answer such as the name of the county in which the petitioner is currently registered.  The petition also requires petitioners to provide proof of current registration.

In addition to completing the petition form, registrants will be required to file the petition in the Superior Court where they reside as well as provide copies of the petition to law enforcement and the district attorney in the county where they reside and/or the county in which they were convicted if different.

Two of the three remaining forms are to be completed by law enforcement and/or the district attorney.  The fourth form is to be completed by the judge who reviews the petition.  Judges may grant a petition without a hearing if the district attorney does not object to it.

According to the draft forms, a district attorney may object to a petition for the following reasons: (1) community safety would be significantly enhanced by the petitioner’s continued registration, (2) petitioner has not met the minimum time period for registration and (3) petitioner has been assigned to Tier 3 and does not fall under the risk level exception.  The draft form also allows a district attorney to choose “other” as the reason to object to a petition.  If the district attorney objects to a petition, a hearing before a judge will be held.

Regardless of whether the district attorney objects to a petition, a Superior Court judge will make the final decision regarding whether a petition is granted.  If the petition is granted, a person is no longer required to register in the state of California.  According to the draft form, a judge may deny a petition for three reasons: petitioner has not met the minimum time period for registration, petitioner has been assigned to Tier 3 and does not fall under the risk level exception or community safety would be significantly enhanced by the petitioner’s continued registration.

“ACSOL will prepare and send comments regarding the draft forms to the Criminal Law Advisory Committee,” stated Bellucci.  “If an individual wants his or her comments to be considered as part of ACSOL’s comments, those comments should be sent to ACSOL no later than June 1.”  Comments regarding the draft forms may be provided to ACSOL by email at service@all4consolaws.org or by U.S. mail to 1215 K Street, 17th Floor, Sacramento, CA 95814.

Comments may also be sent directly to the Criminal Law Advisory Committee on the Judicial Council website at www.courts.ca.gov/policyadmin-invitationstocomment.htm or by mail to 455 Golden Gate Avenue, San Francisco, CA 94102-3688.  The Committee has requested that individuals comment on the proposed form using the comment form provided below.

Downloads:

Petition Forms – Comment Form – April 2020 [MS Word]

Petition Forms – Draft – April 2020 [PDF]

 

We welcome a lively discussion with all view points - keeping in mind...  
  • Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  • Please keep the tone of your comment civil and courteous. This is a public forum.
  • Please stay on topic - both in terms of the organization in general and this post in particular.
  • Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  • Please take personal conversations off this forum.
  • We will not publish any comments advocating for violent or any illegal action.
  • We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address.
  • Please refrain from copying and pasting repetitive and lengthy amounts of text.
  • Please do not post in all Caps.
  • If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links.
  • We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  • We will not publish any posts containing any names not mentioned in the original article.
  • Please choose a user name that does not contain links to other web sites
  • Please send any input regarding moderation or other website issues to moderator [at] all4consolaws [dot] org
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 
75 Comments
Inline Feedbacks
View all comments

no longer register in California, so what if a individual moves to *example* texas/chicago/ny/Philadelphia for 6 months or moves out of country? yes its a 2 part question, and would there be an additional box or option to *maybe* reduce from a felony to a misdemeanor or even lower so when & if back ground check is conducted that doesn’t show? and would there also be automatic exclusion from the web? and what would the grace period before all is done and completed after all is submitted?

Wow! I didn’t think they’d let tier 3 people petition at all this is is awesome.

Tier 3 only when placed for risk score has always been allowed to petition. Janice: If we don’t agree with the form being sent to Law Enforcement where conviction occurred, is this the comment they are seeking? For example, I have lived in San Diego for 33 years, my case is in Sacramento in 1990. I understand the DA in Sac needs notification, but why LE in Sac? I thought it was only your registering LE where you live now? Why do they have to be notified? I am finding this aspect of the process suspicious. They should have no… Read more »

Hi John: “Tier 3 only when placed for risk score has always been allowed to petition.” What does this mean? Does this mean a person bumped from 2 to 3 because their conviction is so old they never had a Static 99 score? Also, while these procedures seem appropriate…what about the fact than many, many of us having a conviction of 288(a), {not 288a}, are seemingly going to be put in tier 3 regardless of how old the conviction is? It is to be noted that it was hoped that 288(a)’s would logically and correctly moved to Tier 2 in… Read more »

Hi James I, I am a little confused by your statement of: Also, while these procedures seem appropriate…what about the fact than many, many of us having a conviction of 288(a), {not 288a}, are seemingly going to be put in tier 3 regardless of how old the conviction is? It is to be noted that it was hoped that 288(a)’s would logically and correctly moved to Tier 2 in the actual Tier Legislation. 288 (a) is a tier 2 not a tier 3, as long as you only have 1 count and no subsequent charges of 288 a. This has… Read more »

Thanks, JAB, I knew that 288(a) was going to be a battle…I was unaware that this had been won, I must have missed it. Very, very good, *(if entirely true… I am obviously going to have to research this a bit more….and look for the actual text of the Tiered Legislation). *Well, I suppose you are correct (in the main, I think you could have more than one count if convicted at the same time and not a subsequent prosecution…but it is a byzantine mess of a law, that’s for sure). Here is a link As Amends the Law on… Read more »

They want as many chances to deny your petition as possible, that is why they want the LE in your conviction location notified.

@JohnAndrotti of SD, I HAVE THE SAME ISSUE John, why is LE NOW added In from CASOMB? or DOJ? It was the Courts and then the LE and Courts and DA where you Reg. NOT LE from original, THEY ARE NOT GOING to go for it. Bad enough the DA/Courts but LE. they don’t want a black ball mark. WHO brought them back into the mix, HOPE JANICE ANSWERS YOUR QUEST John or atleast sees it. Thirty three in SoCal and 15 in NorCal (opposite) near SAC and why do they bring in the OLD LE besides the D.A. /… Read more »

Wait, what @Jack? Apparently tier 3 can petition. It would be futile since tier 3 are for life. Did I miss something?

Anyone can file a petition at any time any ways. Without no arbitrary perimeters invoked by the legislature on the courts.
“In addition to completing the petition form, registrants will be required to file the petition in the Superior Court where they reside as well as provide copies of the petition to law enforcement and the district attorney in the county where they reside and/or the county in which they were convicted if different.”

Quote from this post: ==== According to the draft forms, a district attorney may object to a petition for the following reasons: (1) community safety would be significantly enhanced by the petitioner’s continued registration, (2) petitioner has not met the minimum time period for registration and (3) petitioner has been assigned to Tier 3 and does not fall under the risk level exception. ==== I do not like reason (1). Reason (1) has already been deliberated upon at the sentencing and subsequent court appearances such as the awarding of 1203.4, reduction of charge, or Certificate of Rehabilitation. Also, the deliberation… Read more »

Argh! This is so lame. There is absolutely no evidence that registration (significantly!) enhances community safety. If it did, then all criminals would be required to register likewise. There is absolutely no reason not to. Unless our legislators are not interested in community safety.

You would think this law, approved at a national level, which undoubtedly creates long/short term psychological damage, surely should have been reviewed and approved by some kind of high-up mental psychiatrist…doctor…whatever. Self-esteem, confidence, even motivation are just some of the traits that eventually fall victim to deep depression brought on by internet fame. Your profile on the Megans law website is only a small part of your punishment. The true punishment are the hardships of what being on the internet bring.

Well said!

@New Person – Although we do not like or approve the fact that a District Attorney can request a hearing based upon the DA’s belief that “community safety would be significantly enhanced by the person’s continued registration”, the Tiered Registry Law provides DA’s with that authority. If we don’t want DA’s to have this authority, then we must work to change the Tiered Registry Law. We will be doing so in the state Capitol in early 2021. We hope that you and many others will join us in this effort.

Every DA will checked this box for everyone.

Can anyone tell us how we can verify what Tier we fall into? I actually don’t know my Tier. I think it is three, but when I take the Static 99 myself it indicates zero risk or Tier one. I want to find out for sure before i consult with an attorney about filing. Thanks

@NewPerson, you are SO Correct NewPerson about this… I want a job. I want a good paying job, but the registry prevents that as I’ve been thwarted from job offers due to the registry. It is The Worst CONTINUAL Punishment for the Registrants. Not FAIR. It is a given. Degrees DON’T Matter. Thanks for bringing that up, today…the perspective employer LIES and does a name search with your address PRE Background to save money on Goog/Yawhoo and sees the highest hits and guess what else REG. FAIL! Forget the job forget forgoing the background POST Offer of Employ with forget… Read more »

It sure seems as though you could simply file a very similar petition arguing you are no longer a danger and demanding the state prove otherwise. Sure we have Conn v Doe, but that was not on a substantive claim nor was it in a state court. I bet you get a panel of state appellant judges or the state SC and you could make a good argument you would see a favorable response. Then a judge is not bound by arbitrary perimeters as stated, and they are bound by the local appellant courts and the CA SC, which I… Read more »

Will comments on this forum be considered input? If so, here goes…. This tiered registry is a fustercluck of epic proportions. ACSOL was wrong to ever support a tiered registry, and certainly this one. Dead wrong. The only acceptable response to this bill is “No way. The only good registry is no registry’. The legislature is not the place to affect change. Progress happens in the courts. I correct myself. The only acceptable response to this bill is “No way. The only good registry is no registry. See you in court!” I quote from ACSOL’s beliefs in the footer on… Read more »

The courts have consistently ruled that the registries are constitutional. The tiered registry was the only option to allow some to get off registration. It matters not what any person feels is wrong – only what is feasible. New laws pass often that further restrict us. When we can leak out a little something – we should cherish that.

“The courts have consistently ruled that the registries are constitutional.”

Because the registry is seen as a public health necessity.
That concept is the fallacy of psycho babble, devoid of intelligent scientific evidence that sex offenders are geared to re offend if left unchecked.
It is time to demand that the fallacy be proven or dismissed.

CA courts may have but other courts across the land are thinking and writing otherwise about registry being constitutional.

Are the state lockdowns constitutional? Due to COVID-19, it’s a public health crisis. Yet, people are beginning to revolt against the lockdowns as new data shows it isn’t as wildly dangerous today as it was first presented. Some states look at the new data and others abide the “pandemic scare data”.

Maybe, but if you don’t ultimately want the registry gone….well that just means you support it.

Lawyers in the state are already advertising their services for removal. I got a advertisement in the mail, today, from one. They apparently he got my address from the Megan Law website.

Got mine in the mail about two weeks ago from the good folks at the Law Offices of Bruce Bridgman. I usually would get a brochure from them once a year or so, but this time it was different. This time they included a printout of my profile on the internet which got me mad. I felt like it was a personal attack on my privacy. They went through all the trouble of looking my profile up, printing it out, and sending it to me as if to say what? Is it a marketing tactic that I see that paper… Read more »

Sounds like that law firm could be sued !
But i dont know, sounds open to investigation though !
Proffitering and abuse of private info ?
Something in the Law books should connect with unsolicited and demeaning character attacks..
🤔🤦‍♂️🤷‍♂️

While I don’t like things about the tiered registry system, I think the forms lay out the law’s requirements fairly well. I will look over the documents and send in my comments for consideration. At least this article helps clarify to me how I will approach applying to get off the registry after 27 years. Thanks for posting the article Janice!

I’ve asked like 3 or 4 times now…. I’d like to know if there’s going to be any fighting the extension triggered by a FTR??? Mine was 14 yrs ago and it was a one off to make a long story short. I did 4 months in Jail and I took a FELONY charge for it, 3 years of Probation and a fine of I think it was $2k. Not to mention I lost my wife, my job, and the roof over my head in the process. I can’t be certain but, I’m pretty sure I paid for my misstep.… Read more »

So, for out of state offenders, one must be a resident to file for termination? How would someone who travels to CA occasionally petition if they are not registered?

Can someone cite CA SC cases that have upheld registries? I have been doing this for many years and I have yet to see a direct CA SC case upholding the current scheme.

@mike r, In the following case link, it also cites Alvarez. I’ll give excerpts after the link. Link: https://caselaw.findlaw.com/ca-court-of-appeal/1664533.html Excerpt 1. Registration is upheld === In Alva, the California Supreme Court unanimously concluded sex offender registration, “[b]eyond doubt,” was not punitive for purposes of the prohibition of cruel and unusual punishment:  “[T]he purpose and intent of registration are regulatory, as a means of assisting law enforcement in dealing with the serious problem of recidivist sex offenders.   Moreover, registration is not punitive in effect notwithstanding the legislative intent.   Registration has not historically been viewed as punishment, imposes no direct… Read more »

Thanks, but I am not going anything about punishment. Straight privacy, safety and arbitrary grounds as fundamental rights under the CA constitution. They are inalienable under CA Const. The only case that I can find against me is at this link. I am not even sure if that is a CA SC case or just appellant. Either way it certainly does not address safety as a fundamental right. CA Const. has both those explicitly stated in its constitution.
https://ufile.io/8kgp1i4e

I’m impressed Janice I have to applaude you and the team. While it just doesn’t make since to spend a lot of money or to take money or incarcerate in many ways of maybe someone just for talking dirty via the internet their is still the inducement one must lock at, The therapist reports labels character, etc. or labels someone crazy, than another diagnose”s one sane in this badgering to show pictures for some vain way one has to wonder who’s doing the temptation and who’s doing the vain glory. Even this teir status is a micky mouse of a… Read more »

What are the chances of submitting the results of a DNA search of the CODIS at our own expense? How else to prove we aren’t suspected serial killers only deterred by the registry?

https://www.fbi.gov/services/laboratory/biometric-analysis/codis/codis-and-ndis-fact-sheet

I should pose a serious argument here as I take this line of defense seriously. A lack of a DNA match after a government search of the CODIS database is the only evidence available proving we did not commit a violent crime that left DNA evidence. Think about it. This is especially true for those of us who registered before DNA was even a thing. The registry is premised mostly on those types of cases, ones where swabs were taken into evidence for blood type and then for DNA. These kinds of cases against children especially fueled the registry panic… Read more »

Why are people being put under Tier 3 based on the faulty Static 99R in the first place? What this essentially means is that a flawed number, instead of the underlying crime, is given the power to put someone in a Tier. I don’t even know where to begin in articulating why the use of the Scam 99R is wrong… on so many levels.

This is ludicrousy.

Would a letter from the California AG’s office (back then, Kamala Harris) that removes a registrant’s requirement to register be of any good use to the cause? An associate of mine was removed from the registry and has the signed letter from the department to prove it. All he asks is that it not be used to render the state to reinstate his registration.

Is this going to be the format to use since I have a COR that was gotten in Dec 2019? Or if not what if anyone knows will be the process to get off the registry?
Thanks I know 2021 is going to be interesting….when I registered this year the PD told me NEXT year I will be told my level…I did not mention the COR since I am not sure he knows what this is

Cite cases? Are you now attorneys? New Person just wrote a book! Get with it

Looking for those similarly affected to attempt a class action injunction to bar address exposure and enhanced reporting requirements of the tiered registry for those convicted before ML went into effect. As in Jessica’s law ex post facto was successful in ACLU’s immediate injunction to bar it’s application for residency restrictions to those convicted prior to JL’s application. My own particulars are 32 year old single crime, will be moved to tier 3. 20 years in same county. No criminal activity previous to conviction and one following conviction for drug possession, no criminal activity for 25 years. Address exposure will… Read more »

Evolution of information

Beginning on January 1, 2021, the CA DOJ will designate tiers for registrants.

Beginning on July 1, 2021, registrants who meet the mandated minimum requirements may petition for termination of their sex offender registration requirement in the superior court or juvenile court in the county in which they reside.

Beginning on January 1, 2022, registrants will be displayed on the Megan’s Law website pursuant to Penal Code section 290.46 as amended under SB 384.

https://oag.ca.gov/sites/all/files/agweb/pdfs/csor/registrant-faqs.pdf

No Injunction necessary as this gives time to act after designation.

Surprising? Are you guys lawyers? Your citing case law? Injunctions? For? It’s all talk. Volunteer?

In what instance is any of what you said helpful?

Since I have been involved with my ordeal in a probational way, and yes I’ve been on Janice’s forum in the past. Most of you have always somehow wanted to included your pride or this data base computer theory. Why? Should we all let a computer speak for our conscious our view points or our understandings or our wisdom. Did we all not get along just as good without a computer. If a computer know’s all the answers than Who’s afraid of Virginia Woolf in this controversial issue. I’m not ivy league person and I doubt if anyone on here… Read more »

@USA – What on earth is wrong with you? Do you enjoy attacking others who are trying to engage in meaningful dialogue? When you’re not attacking others your other favorite pastime appears to be touting your own expungement and that you are apparently above everyone else who visits this forum. Perhaps it might be a good time to seek your amusement elsewhere?

@Mr. D…..I have no idea whether this will make it past the moderators but if you’re new to this forum then you just fell victim to the biggest troll we have…Ol USA likes to pop in from time to time and drop some good will and cheer on his fellow registrants. He likes the attention and always manages to get somebody to react. I’ve put at least 3 verbal ass whuppings on him and so have some of the other more valued contributors. We have minor disagreements all the time on this site but USA is the only one who… Read more »

@Mr. D….people who have been to prison acquire degrees of all sorts…there are many people with convictions who can’t practice law but are para-legals….I don’t know what qualifications @AJ, @MikeR, & Tim in Wisconsin have to their names but I find them extremely informative and educational and at least two of the afore mentioned have represented themselves in court…I myself, have learned much from conversations with my attorney and by reading the court rulings. My point being, please don’t take any offense to naysayers and continue to discuss whatever you feel necessary without fear of judgement. There are people who… Read more »

I’ve ran across many of these “jailhouse” lawyers when I was in prison. They think they know everything, but most know nothing. They hang out in the law library, read a few statues in the law books or see some case on the computer, then these guys believe they found the magic bullet to get them out of prison. Every so often, one may get lucky and win an appeal or a lawsuit against the DOC (that’s another thing, everybody’s trying to sue the DOC) but that rarely they’re successful. There’s a reason people go to college and law school… Read more »

Question: I was convicted of 2 rapes 21 years ago, indecent exposure 14 years ago and a child porn charge like 6 years ago. Does anyone know what tier I’ll be on?

@Jax…..I don’t disagree with much of what you said. I am humble enough to admit that I’m not a lawyer and would never attempt to represent myself…As a blue collar guy I’m self aware enough to know that there’s many things that I don’t know. I DO have nothing but respect for people who have pulled themselves up by the bootstraps and made something of themselves…As I mentioned in my last post, I have learned much that I didn’t know before I started observing this process in Michigan. Does that qualify me to represent myself? Absolutely not! There is a… Read more »

@SteveO

Without knowing more than what you have mentioned, the CP charge alone if it’s a felony or a federal case would place you on Tier 3.

And please ignore our village idiot here. He is prone to make unhelpful and derogatory comments.

Jax, your absolutely correct! I lost my law license secondary to my plea and now practice as a paralegal. I highly recommend not taking any legal advice from this jail house repeat offenders. I’ve read some of their case law quotes and it’s both very disturbing and misleading. I highly advise those of you trying to mislead others to stop now, unless your a licensed attorney. I’ve been reading this blog for years and it’s very apparent you guys need support. I’ve read input from other readers and many of you will lash out at others like it’s something personal?… Read more »

@Lawyerone….should all of us repeat offenders just turn in our phones and laptops over to the forensics lab at the FBI? Should we all just admit that we have these insatiable urges to harm children and turn ourselves in to the authorities? Does this sound familiar to anybody else? Again, and I’ll type slowly so you can understand…there are so many different situations and scenarios that caused people to end up on a SOR. Some people were over charged, falsely accused, extenuating circumstances, took plea deals, or what have you…yes, I’m sure some horrible things were done by some people… Read more »

We need 1,000 letters sent today to oppose HB 5679! Oppose HB 5679 Now! There are 44,0000 living, breathing, humans in the state of Michigan being punished after they have already completed their time and effort — this is punishment, placed in a caste system banishment, poverty and fear. No other group of people lives under these conditions — persons who commit a DUI in the state of Michigan kills people and reoffends yet for this or any other offense there is no list. Where are the lists??? We need to come together NOW and submit letters opposing HB 5679… Read more »

@Advocate, FINALLY someone reminds us of the DUI that kills and goes out again and again repeat offender more than twice AND injures, physically and psychologically mames and permanent damage and removes limbs and hurts families when they go out again and drive while under the influence and maybe not just Alcohol. W H Y Aren’t T H E Y on a or the REGISTRY!!????!! Most on here do not perm kill murder premediated or not others in their PAST Crime. We used to have ARSONISTS (Repeat Offenders) on our List HERE IN CALI. I hope others go to your… Read more »

LOL, yes, this does sound very familiar to me and that’s exactly what I was thinking when I read it. Bunch of nonsense. The only way that *I* need to change is that the Registries must be destroyed. That is the only change required. For the geniuses who might agree with Lawyerone – don’t read into this that I’m saying that people do not often need good, qualified legal assistance. You know what I find really, really sad? It’s when people use multiple “accounts” or “screen names” to post comments to agree among them. I do find that sad. I… Read more »

@DPH You’ll hear folks all the time on this forum say why aren’t these murderers or robbers or repeat drunk drivers who kil people not on a registry. First, we shouldn’t have a registry for any offener who served their time. Second any offender other than an offender involved in a child sex crime will not have a deep effect on the public. A neighbor who killea someone in a dui accident will be far more accepted over a neighbor with a sex crime involving a child. It’s a taboo that has long provoked stigma and disgust in American society.I… Read more »

@Russ Yeah that would be me. I see no answer in your comment to my inquiry. I repeat my question…. if the registry exists in the name of public safety and public safety alone, why is there no EQUAL registry for all criminals? That gang registry would quickly cease being a badge of honor, I would bet the farm on that. “any offender other than an offender involved in a child sex crime will not have a deep effect on the public. A neighbor who killea someone in a dui accident will be far more accepted over a neighbor with… Read more »

I see on the form it says you may apply to be removed if you were convicted in a California State court. So all federal and out of state cases are not allowed to apply? The law does not say that. So where did that come from? They need to fix that on the form.

@Joe You’re right on the money, and I feel your anger over the absurdity of these laws. I sat in prison for 3 years in anger as I watched inmates who commited far worst crimes than I come and go, like my first cellmate who got only 4 yrs for being high on K-2, then co sleeping with his 2 yr old and rolling over onto her and suffocating her to death. Daddy already had a long juvenile rap sheet including robbery, drug dealing and gangbanging, but since judges have always given him slaps on the wrist, he felt entitled… Read more »

Don’t let the scumbags who think Registries are acceptable steal your joy or life. Beat their asses. Your life is none of their business and not theirs to control. People usually deserve the right to live a life they love. For me, the answer was to continue my lifelong habit of working very hard. I felt I had to be financially successful to be in control. More than two decades of Registering later, I was right. So instead of being depressed, work. On anything. Preferably something that earns. I’ve said it a million times. There are a lot of people… Read more »

Joe ~ You absolutely nailed it, and your reasoning is spot on. I couldn’t have summed it up better.

Hilarious. DNA database? What’s your point? Then, we have people citing case law? Why? What good will this do? You write a 20 paragraph comment citing case law? Your not a lawyer? This isn’t a court room? I only hear you guys complain? Moan? Nobody takes accountability. I noted one guy was on the registry for 32 years? Why didn’t you get your charged reduced to a misdemeanor and expunged? You guys are living in a dream world. You can cite all the cases you want, but I think Jax stated it. Jax & Lawyerone hit it on the nail!… Read more »

@USA

Martin Luther King had a dream when Civil Rights for all was not in the American vernacular back then. That’s how change is created…with an idea.

And it begins in discourse such as here. Then it becomes action. Through action comes change.

If you want to wait at the heels of your masters to tell you what to think about your self worth in society after you paid your debt go on ahead. The rest of us will continue pushing for change.

Oh, I filed my own 17B, pc 1203.4 and a pc 851.8! Granted. I filed my own motions and argued my case. Granted! I filed my own COR in OC, not realizing things are different! I came close. I just filed a COR in LA County where I hope it will bring closure! It’s interesting how everyone has the need to post case law and pretend it wasn’t them! I was guilty as sin! Yet, I found 3 items during my case 20 something years ago which resulted in all charges being dismissed! I came close. I will finally complete… Read more »

I’ve done what you’ve done. I filed a 1203.3 (early termination of probation) 17b and 1203.4 on my own without the assistance of any attorney. Each motion was granted. I agree it can be done in pro per. However, the CoR is one thing that I feel requires an experienced attorney as it is a life or “living death” situation (I can’t remember who said this, but I am borrowing the phrase he coined as it makes a lot of sense). I have retained one. I will be filing in the Bay Area sometime this summer. Even though I have… Read more »

USA ~ Do you know if you can file for a 17b again if it was denied at the time of the 1203.4, which was granted? Or is it a one time try that is final if the judge granted the 1203.4 but not the 17b?

@someone who cares, Here’s my history to share. Read the court filing for that day of denial. There has to be a reason why the judge would deny you a charge reduction. My lawyer asked the judge how the judge was going to rule on the 17B and we rescinded attempting it that day (because of what probation wrote for recommendation… but I didn’t know that at that time), despite me passing everything else with flying colors to earn the 1203.4. For me, probation said I needed more time before they recommended me for the reduction. That’s what my next… Read more »

Wow! That’s a good question. I understand the question. Reducing your plea is advantageous (for all intense purposes means it’s a misdemeanor). I don’t know. I suggest contacting an attorney or public defenders office. I have no clue!! Your wanting a 17b would be advantageous

😮 big Yawn to USA. So, Pro Se doesn’t work unless it was USA filing. Of course his actions were just boilerplate standard actions. Old wise one you. Talk about people getting jobs and doing something, shit my life beats coming on here to bash every person that I disagree with. You have talked BS to EVERY person on here. The only reason I come on here any more is to hear any kind of news. USA has made the site useless and practically unbearable hearing his attacks over and over again.

Jealousy can ruin some people. Being a hypocrite can ruin some people. Being manipulative or not sticking to the point can ruin some people. Having control issues can ruin some people. Citing case law and giving legal advice with a HS education can ruin others. New Person, I have no clue. It sounds like (from what I’ve read) you can’t, but I’m no attorney. The 17B restores your rights to own a gun etc, but I suggest you contact an attorney or your public defenders office. Good luck

@USA,

Getting a reduction means a lot with the new tiered registry, not just restoring gun rights. The reduction can help you not be publicized online. It can possible help you move to a lower tier.

On a tangent, what exactly do you need as proof that you can practice or purchase guns?

Well stated. New Person, don’t quote me, but I think those who register must (or are allowed) to file a COR until December? I believe the new tiered law affects our ability to file a COR. Check this out stat. I don’t own a firearm, but the 17b allows us to do so. I’ve thought about purchasing one with everything going on. I believe you simply find the gun you want to purchase and they will do a background check.

75
0
Would love your thoughts, please comment.x
()
x
.