A Little California Law Advice Needed

DLeeHarley · March 28, 2012, 05:46 PM

I made a mistake when I was young and was convicted of a Felony when I was 20 yrs. old in 1979. I never knew that I had a chance to rectify the problem and restore my constitutional rights. It's been 33 years and the worse I've ever done was a speeding ticket. I've just learned that I can have my charges converted to a Misdemeanor pursuant to California 17pc. I have been sent some of the forms from the county involved and my question is can I do this w/out an attorney? I'm on Social Security and like a lot of people a little short on cash. I realize I really need to speak to an Attorney, but before I do and spend some money I would at least like to know if it is possible to proceed with this on my own. Any advice from any of you attorneys out there will be greatly appreciated I assure you. Thank You,
Dennis

BarryLee · March 28, 2012, 06:37 PM

You mentioned that you are on Social Security which means you might be eligible for some free legal services. Check out the link below provided by the American Bar Association and look for services in your area. Good luck…

http://apps.americanbar.org/legalser...lhelp/home.cfm

Buzzcook · March 29, 2012, 06:31 PM

If it's just a matter of filling out forms a paralegal can help with that at a lower cost.

However you might need to have the crime expunged from your record completely. That's a question to ask a lawyer and or ATF.

sigcurious · March 29, 2012, 07:30 PM

Head to Calguns. The legal section over there could probably get you pointed in the right direction, with California specific information.

Al Norris · March 29, 2012, 07:45 PM

Quote:

Any advice from any of you attorneys out there will be greatly appreciated I assure you. Thank You,
Dennis

Dennis, I hate to tell you this, but any attorneys on this, or any other board, can not give you legal advice. It's part of an ethics thing that is complicated by client-attorney relationships. None of that can be done on an open forum, where anyone can see/read.

We, as members of the public and private citizens, can offer our opinions. And that is all it would be.

Legal advice is something else, entirely.

I am not an attorney, nor have I ever portrayed myself as one.

There are ways to restore your rights, such as a complete expungement. For that, you will need an attorney. I would suggest that you contact the CalGuns Foundation, they may be able to suggest an appropriate attorney to help you.

Another resource, if you live in the greater LA area, would be:

Michel & Associates, P.C.
180 E Ocean Blvd
Suite 200
Long Beach, CA 90802
http://michellawyers.com/

They specialize in California Gun Laws.

**Frank Ettin** · March 29, 2012, 07:56 PM

Quote:

Originally Posted by Al Norris

Dennis, I hate to tell you this, but any attorneys on this, or any other board, can not give you legal advice. It's part of an ethics thing that is complicated by client-attorney relationships. None of that can be done on an open forum, where anyone can see/read...

As one of the lawyers here, and one who is licensed in California, I have to corroborate and support what Al wrote.

And he's given you good advice.

DLeeHarley · March 29, 2012, 10:37 PM

Thank you all very much for your advice. On the legal aspect of advice from any Attorneys I should have known that already. But like I said thanks and I'm already started in the process!
Thanks,
Dennis in Idaho

TheKlawMan · April 2, 2012, 03:17 PM

Bear in mind that completing a form, and not to speak of the particular form in front of you, is only half the problem. Non attorneys are often legally permitted to assist you with completing a form. The problem can lay with determining what form to use, how to achieve the legal goal, determining what is admissable evidence, and etcetra. Whatever you do I wish you the best and calguns.com is a good place to try to find info as well as experience attornenes for restoring gun rights.

BGutzman · April 2, 2012, 03:32 PM

Good luck and best wishes!

Jeff F · April 3, 2012, 08:42 PM

What I believe he has to do is file a 17B motion to get the felony reduced to a misdemeanor than file to have the misdemeanor expunged. Both can be done at the same time.

The DA's office and the Probation department will have to be served some papers. He really does need to get a lawyer that is versed in gun law and restoration of ons rights. I don't think this is something you want to try yourself.

March 28, 2012, 05:46 PM	#1
DLeeHarley Member Join Date: March 11, 2012 Posts: 17	A Little California Law Advice Needed I made a mistake when I was young and was convicted of a Felony when I was 20 yrs. old in 1979. I never knew that I had a chance to rectify the problem and restore my constitutional rights. It's been 33 years and the worse I've ever done was a speeding ticket. I've just learned that I can have my charges converted to a Misdemeanor pursuant to California 17pc. I have been sent some of the forms from the county involved and my question is can I do this w/out an attorney? I'm on Social Security and like a lot of people a little short on cash. I realize I really need to speak to an Attorney, but before I do and spend some money I would at least like to know if it is possible to proceed with this on my own. Any advice from any of you attorneys out there will be greatly appreciated I assure you. Thank You, Dennis

March 28, 2012, 06:37 PM	#2
BarryLee Senior Member Join Date: July 29, 2010 Location: The ATL (OTP) Posts: 3,946	You mentioned that you are on Social Security which means you might be eligible for some free legal services. Check out the link below provided by the American Bar Association and look for services in your area. Good luck… http://apps.americanbar.org/legalser...lhelp/home.cfm __________________ A major source of objection to a free economy is precisely that it ... gives people what they want instead of what a particular group thinks they ought to want. Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

March 29, 2012, 10:37 PM	#7
DLeeHarley Member Join Date: March 11, 2012 Posts: 17	Thank You Thank you all very much for your advice. On the legal aspect of advice from any Attorneys I should have known that already. But like I said thanks and I'm already started in the process! Thanks, Dennis in Idaho

April 2, 2012, 03:32 PM	#9
BGutzman Senior Member Join Date: December 4, 2009 Location: Frozen Tundra Posts: 2,414	Good luck and best wishes! __________________ Molon Labe

March 29, 2012, 06:31 PM	#3
Buzzcook Senior Member Join Date: November 29, 2007 Location: Everett, WA Posts: 6,126	If it's just a matter of filling out forms a paralegal can help with that at a lower cost. However you might need to have the crime expunged from your record completely. That's a question to ask a lawyer and or ATF.

March 29, 2012, 07:30 PM	#4
sigcurious Senior Member Join Date: May 25, 2011 Posts: 1,755	Head to Calguns. The legal section over there could probably get you pointed in the right direction, with California specific information.

April 2, 2012, 03:17 PM	#8
TheKlawMan Junior member Join Date: June 23, 2009 Location: Orange County, CA Posts: 2,149	Bear in mind that completing a form, and not to speak of the particular form in front of you, is only half the problem. Non attorneys are often legally permitted to assist you with completing a form. The problem can lay with determining what form to use, how to achieve the legal goal, determining what is admissable evidence, and etcetra. Whatever you do I wish you the best and calguns.com is a good place to try to find info as well as experience attornenes for restoring gun rights.

April 3, 2012, 08:42 PM	#10
Jeff F Senior Member Join Date: September 4, 2005 Location: Silver Springs NV Posts: 187	What I believe he has to do is file a 17B motion to get the felony reduced to a misdemeanor than file to have the misdemeanor expunged. Both can be done at the same time. The DA's office and the Probation department will have to be served some papers. He really does need to get a lawyer that is versed in gun law and restoration of ons rights. I don't think this is something you want to try yourself.