PROPOSITION 64 ATTORNEY (Prop 64)
In November 8, 2016 the Adult Use of Marijuana Act became law. This means that most marijuana offenses are no longer offenses. Most criminal provisions for possession, transportation, and cultivation of marijuana have been rewritten, with many former felony offenses reclassified as misdemeanors and other marijuana conduct, formally punishable as a felony or misdemeanor, now legal.
Any persons convicted of Health and Safety code sections 11357 (possession), 11358 (cultivation), 11359 (possession for sale) and 11360 (transportation) should consider filing a petition immediately. At Burga Law Firm PC we are also a Proposition 64 Attorney and we can help you obtain this relief in court. Give us a call if you have any more questions.
PROPOSITION 47 ATTORNEY
Proposition 47 reduces certain felonies to misdemeanors. On November 4, 2014, California voters passed Proposition 47. This new law applies to certain low-level and nonviolent felonies to be changed to misdemeanors on old criminal records. If you or someone you know has a prior criminal felony record, for any of the following crimes, you may qualify to remove the felony from your record and change it to a misdemeanor. This applies to:
- Simple drug possession
- Petty theft under 950.00 dollars
- Shoplifting under 950.00 dollars
- Forging or writing a bad check under 950.00 dollars
- Receipt of stolen property under 950.00 dollars
Crimes such as murder, rape or child molestation or sex offender registry do not qualify. Whether you are currently incarcerated or completed your sentence, a Proposition 47 Motion prepared by Burga Law Firm PC in Rancho Cucamonga, CA will obtain a successful reduction for you.
PC 1203.43 Motion for Immigration Purposes
Prior to the enactment of PC 1203.43, non citizen defendants in California, upon satisfactorily completing their DEJ program, were able to get their cases dismissed. However, the Federal definition of a criminal conviction (8 USC Section 1101(a)(48)(A)) still considered it a conviction for Immigration purposes. This placed many non citizens at a risk of deportation.
With the enactment of PC 1203.43, a motion based on this law, works for immigration purposes because the order is based on a legal defect in the proceedings: the fact that the DEJ statute provided misinformation about the actual consequences of making a plea, such that the plea shall be withdrawn as legally “invalid.”
If you or someone you know has a drug conviction, with a successful completion of the DEJ program, give us a call. Burga Law Firm PC in Rancho Cucamonga can help you avoid deportation or other immigration consequences. Our knowledge of California Criminal Law, and Immigration Law, puts us in a better position to help non citizens.