“Come In, Feel Better”
Don’t settle for a lawyer that won’t offer the time and attention to detail that you deserve.
Contact a California criminal defense lawyer at the Law Offices of Holden W. Green, A Professional Corporation today. Your case will be assessed by the firm’s exceptional legal team in a FREE 30 MINUTE CONSULTATION. This initial consultation is intended for you to become confident in the firm’s client-oriented services and for you to understand your options for moving forward.
Law Offices of Holden W. Green, A Professional Corporation is definitely the Signature Option for a Criminal Defense Attorney within California.
Law Offices of Holden W. Green provides the absolute best criminal law representation when it comes to considering domestic violence, record clearance, sex crimes, drug crimes, traffic tickets, DUI, DWI felony and misdemeanor cases. With our extensive knowledge in criminal defense practices in addition to best strategies, with Law Offices of Holden W. Green, you will always have the comfort in knowing you are being represented by licensed legal professionals and bar-admitted attorneys in your case.
TOP REASONS WHY HIRING AN ATTORNEY IS THE BEST STRATEGY IN DEALING WITH A CRIMINAL DEFENSE CASE:
- Can work out agreements and deals with prosecutors. This can result in reduced charges as well as more lenient sentencing.
- Can often assist clients in avoiding future run-ins with the law.
- Can assist clients in dealing with the emotional stress associated with a criminal circumstances.
- Can be a "voice of reason" for the client as to avoid any irrational or emotional decisions.
- Attorneys are familiar with the local courts as well as the judges that preside over them.
- Criminal defense attorneys can often disclose the "hidden costs" of pleading guilty that the average person may never consider.
- Defense lawyers can devote the time to a case that their clients may not have the time to spend.
- Hire as well as utilize investigators who can potentially be able to assist clients during a trial.
For effective, affordable, and aggressive representation in the areas of domestic violence, record clearance, sex crimes, drug crimes, traffic tickets, DUI, DWI, felony and misdemeanor criminal law matters, enable Law Offices of Holden W. Green criminal law pros within California access your situation and help you by representing your case.
Schedule a FREE 30 MINUTE CONSULTATION and case evaluation today.
Call the Law office of Holden W. Green at (408) 451-8449.
For your convenience, we have offices located in San Jose and San Francisco. Making it convenient for you within the California area. We focus on criminal defense covering; domestic violence, record clearance, sex crimes, drug crimes, traffic tickets, DUI, DWI, felony and misdemeanor criminal law cases and other criminal law-related situations.
With our extensive knowledge in addition to our personalized approach is what sets us apart from other law firms and we encourage you to contact our office to learn more about how we can help you with your criminal defense -related needs.
Call us for a FREE 30 MINUTE CONSULTATION right now. This initial consultation is intended for you to become confident in the firm's client-oriented services and for you to understand your options for moving forward.
Law Offices of Holden W. Green, A Professional Corporation within California, principal attorney Holden W. Green Esq. leads his legal team in providing aggressive and zealous representation that is tailored to suit the individual circumstances and needs of their retained clients.
A range of legal issues in several areas of practice are confidently handled by Mr. Green and his assistants.
To learn more about Mr. Green and the team at the firm, please review the profiles below or contact their San Jose law office to schedule your FREE 30 MINUTE INITIAL CONSULTATION.
EDUCATION OF HOLDEN W. GREEN ESQ.
- National University School of Law - J.D. (1993)
- The University of California at Berkeley - B.A. Degree, Business Communications - (1986)
- Cambridge University-England-Summer Program (1998) Certification Program: Law, History and Business
- The University of Phoenix-Masters in Organizational Management (12/2000)
- Drug Charges (Possession, Trafficking, Distribution, Intent to Sell)
- DUI / DWI / Drunk Driving
- White Collar Crimes
- Domestic Violence
- Assault and Battery
- Traffic Violations
- Parole Violations / Probation Violations
- Record Clearance (Expungement)
- California Three Strikes Law
- Remain silent; don't offer any cause to the police
- Speak to no one after the arrest
- Call a DUI / DWI defense attorney as soon as possible
- What is Deferred Entry of Judgment (DEJ)? With a DEJ, once a drug treatment program has been successfully accomplished, charges can be discharge after 18 months and all records of the court proceedings are destroyed. If the program is not finished, or not finished successfully, then prison time could be possible.
- What is Proposition 36? Prop 36 is more of a burden than a Deferred Entry of Judgment and the record of the court proceedings remains in place. But it also allows drug charges to be dropped after the successful accomplishment of an 18-month program similar to probation.
- Drug possession and possession of drug paraphernalia
- Under the influence of drugs (in public)
- Sale of drugs or possession with intent to sell
- Transportation of drugs
- Manufacturing of drugs (meth or designer drugs) or cultivation of narcotics (marijuana, opium, cocaine)
- Criminal charges sometimes associated with drug crime, including conspiracy, money laundering, weapons charges
- If you have had two or more earlier convictions in state or federal court
- If at least one of those convictions was for a violent crime (with bodily harm or the threat of bodily harm), such as assault, a drunk driving accident with injuries, murder, vehicular manslaughter, domestic violence, sexual assault, home invasion, carjacking, or armed robbery
- Another conviction was for a felony or misdemeanor crime such as a drug crime, theft of an amount over $400, or any number of other crimes
- The charge will go on your permanent record.
- You face possible jail time
- Your name may be entered into the statewide CLETS (California Law Enforcement Telecommunications System) database
- Charges can be negotiated from criminal to non-criminal so your case can be heard in a child protective services or family court hearing rather than a criminal court.
- Charges can be cut down to a misdemeanor "disturbing the peace" rather than domestic assault.
- If there is a protective order, it may be possible to leave children out of that order so the parent can continue to see her or his children.
- You do not need to talk to the police. It is your right not to speak.
- You SHOULD not talk to friends or family.
- Only communication with your lawyer is absolutely protected under the law.
- Only a skilled, experienced, and dedicated criminal defense lawyer knows how to look out for your interests correctly.
- Domestic violence
- Criminal terrorist threats, threats, stalking
- Vehicular manslaughter, manslaughter, murder
- Armed robbery
- One violation led to an average annual premium cost of $1,318, an 18% increase.
- Two violations lead to average annual premium cost of $1,497, a 34% increase.
- Three violations lead to an average annual premium cost of $1,713, a 53% increase.
- Credit card fraud
- Identity theft
- Remain silent
- Do not speak to detective or authorities without first speaking to an lawyer
- Anything you say to authorities can be used to make a case against you
As always Law Offices of Holden W. Green offers clear communication in all represented issues as well as moves swiftly to resolve conflict and put the case or matter in controversy back onto a positive track for each and every client or small business.
Practice Areas in addition to what's involved in our services?
Court Appearances: Available for Business Court Appearances within California
Numerous litigants as well as or businesses only require help when a court appearance is required. Law Offices of Holden W. Green can make sure that the motion or task is prepared properly, witness subpoenas are properly in place and that the local rules are being followed.
Law Offices of Holden W. Green is available for business court appearances in the following counties: Santa Clara, Alameda, Santa Cruz in addition to San Mateo. Other surrounding counties within California are available for appearance work, but acceptance of the representation will occur based on the individual matter and task presented.
Criminal Law Expertise
The Law Offices of Holden W. Green, A Professional Corporation, provides confidential, professional and aggressive representation to clients within California and across the Bay Area of California. Our law firm is dedicated aiding clients facing criminal charges and other legal challenges.
We handle most criminal defense situations. Mr. Green is a skilled criminal defense attorney and prides himself on maintaining an open line of communication with his clients.
Practice areas include, but are not limited to:
Criminal Defense: Available Criminal Defense Attorney within California
If you are facing criminal charges, it is extraordinarily important that you get competent and aggressive representation as soon as possible. The Law Offices of Holden W. Green, A Professional Corporation, provides representation that is tailored to suit the exact needs of each client. Criminal matters have stern punishments that are enforced upon conviction. The firm collects the information necessary to construct a strong defense on your behalf.
Contact law offices in San Jose, Sunnyvale and San Francisco to schedule FREE 30 MINUTE CONSULTATION.
Areas of Criminal Defense
The Law Offices of Holden W. Green, confidently and passionately represents clients in opposition to a wide range of felony and misdemeanor criminal charges:
The firm also handles juvenile delinquency and juvenile crime matters. In these types of cases, it is even more important to obtain the assistance of a lawyer. A conviction as a juvenile may have an impact on the rest of the child's life. Capable representation can help not only preserve the rights of the juvenile, but also preserve his or her future as well.
Contact a California criminal defense attorney to learn more about how the firm can help you. A FREE 30 MINUTE CONSULTATION and case assessment is offered.
Expungements, Record Clearance and Order to Seal Criminal Records
With the recent changes in sentencing, now is the excellent time to clear a criminal conviction.
The California Legislature is allowing INFRACTIONS to be expunged pursuant to Penal Code Section 1203.4. The same terms and conditions applied to misdemeanors/felonies currently in place for many years still apply.
Served time in state prison? Parolee status stopping you getting a job or leasing an apartment?
You can expunge your criminal record despite if state/federal jail time was served. An expunged record will in addition address parolee status in the eyes of employers obtaining a professional license or from getting a job to leasing an apartment (individual occurrence sensitive).
Holden W. Green Esq. Flat fee in all cases in this legal area
Click Here for Statewide Filing Fees
California Expungement Attorney
Never in modern times has the ability to research someone's background been so common. Employers are all the time checking the backgrounds of new employees and many a time denying them employment due to blemishes on their permanent criminal record. However, there is a way to legally remove these past actions off of your record. This is known as expungement, giving you a clean slate to commence your life afresh.
Our personnel at the Law Offices of Holden W. Green has an extraordinary ability when it comes to administering record clearances. In fact, the firm has never lost the petition for an expungement. This service is frequently invaluable to individuals who are keen to get a fresh start and have the crimes of their past expunged from their record.
The firm is dedicated to administering these types of situations as efficiently and effectively as possible. Mr. Green is an extraordinary skilled expungement lawyer who is on a first name basis with the entire legal professionals in the Santa Clara County courthouse. He holds a advantageous reputation throughout the legal and local communities.
Coast to Coast Service in this area of practice
It is not required for the client to actually come to the law office to begin their record clearance process. All communication can be completed by mail or fax. The law office represents clients all over the country and has successfully completed their record clearance in this manner. Many clients picked up a conviction in courts within California but have since moved away.
"I recently contact the law firm on a request to reduce a felony conviction to a misdeamenor. The request was denied (some time back using another law firm)because Probation, the DA and the judge said it has since been amended to a non-alternative felony". The old law firm was shocked and of course never bothered to discover the changes to the charges) I knew at the time of the offense it was a wobbler. Well thanks to Mr. Green he did the research and found it was indeed changed but 18 months after my conviction date. Today I am no longer a convicted felon. My life will shine much brighter as a result. Thanks Holden! With great thanks. - G.S. Berfols 8/4/2010″
Driving Under the Influence of Alcohol and Drugs within California Is Against The Law
DUI and DWI: DUI and DWI Criminal Defense Lawyer within California
Effective January 1, 2010, the courts and the DMV are requiring inter-locking devices on first convictions. This regulation is for a three year court probationary period at a $1,000.00 added cost.
If you have been arrested and charged with drunk driving within California, you could face severe punishment if convicted. The Law Offices of Holden W. Green, defends individuals charged with drunk driving within California area. To schedule a FREE 30 MINUTE CONSULTATION with a DUI / DWI defense lawyer, contact the firm.
Driving Under the Influence of Drugs and Alcohol
Vehicle Code Section 23152(A) applies to driving under the influence of alcohol, illegal drugs, and prescription drugs. If you are on prescription medications and are pulled over by reason of a police officer believes you have been drinking (reckless driving may prompt this), you could be accuse with DUI even if you have not consumed any alcohol. Subsequently, you face the punishment affiliated, with DUI: large fines, two points on your driver's license, license suspension, jail time, and more.
Commercial drivers are held to a different standard than ordinary drivers in DUI cases. If a commercial driver is found to be driving with a .04 blood alcohol content (BAC) level or above, he or she will be charged with drunk driving. Over and above the penalties normally associated with DUI / DWI, a commercial driver will lose his or her professional license for one year, and thus, the ability to work at that job.
What to Do if Arrested for Drunk Driving
Your actions during and after a DUI arrest can influence how your case will ultimately be resolved.
You will additionally need to schedule a DMV administrative hearing within 10 days of the arrest to keep your license. If you do not do this, your license will automatically be suspended. The DMV hearing is separate from any court case. It deals with driver's licensing matters, not the felony of drunk driving. Furthermore, if your license is suspended and you are stopped driving after the suspension, your vehicle may be impounded and you are subject to heighten penalties, including jail time and fines.
Legal Help If You are Facing Charges for Drug Crimes or Narcotics Violations
Drug Charges: Drug Crimes Criminal Defense Lawyer within California
A conviction for a drug charge will leave a permanent mark on your record. It can be seen by potential landlords, employers, banks, and others. It can block with your ability to apply for a college loan, to rent an apartment, and to earn a living.
Aggressive California Drug Charge Attorney
It's essential to do everything conceivable to avert a conviction for a drug charge or to decrease the charge to limit the damage it can do to your life. Let the Law Office of Holden W. Green explain your options and provide a vigorous defense in your case.
Diversion Programs Program Resolution
To your circumstance via a treatment / diversion program, you need an expert attorney to negotiate your access to obtain this type of resolution. These programs provide a way to allude jail time and convictions. Successful attainment of a diversion program can help keep a felony off your record.
This is a very good alternative because a felony conviction will remain on your criminal record for at least 5 years before you can even attempt to have it abated to a misdemeanor. Program resolution often necessitates the assistance of an attorney, who can negotiate your way in to these programs.
Attorney Holden W. Green Esq. has been defending people in San Jose and Santa Clara County since 1994. He and his legal team represent clients in state and federal drug matters for any drug charge, including:
"I was charged with four felonies. I went for seven months with a public defender and was found guilty by everyone including the judge. I was set for trial. In a panic I called Mr. Green. Right away he noticed that the stop was unconstitutional. He filed a motion to suppress and the case was dismissed! He then filed a motion to have my lawful property returned and won that as well. Next he moved to have my arrest sealed. Before Mr. Green I was sure I was headed to state prison and parole! I was saved from being a convicted felon. This is a fantastic lawyer! Gratefully, C Granger."
Aggressive Criminal Defense When You Face Prison Time for a Third Offense
Three Strikes: Three Strikes Criminal Defense Attorney within California
Under California's infamous "three strikes law," if you are accused of a crime you could find yourself facing mandatory prison time if your criminal record meets certain criteria:
The three strikes law catches many people off guard. What may seem like a trivial crime, if it falls under the three strikes rule, could land you in prison for life?
Look for a Defense Attorney with Pervasive Experience
The legal team at the Law Offices of Holden W. Green, A Professional Corporation aggressively represents the rights of people in the San Jose area accused of crimes that could trigger the three strikes law. Lead attorney Holden W. Green Esq. will work hard to head off the application of the three strikes law in your matter.
Three Strikes Defense Strategies
If you are facing penalties under the three strikes law, there are still things that an experienced and aggressive defense lawyer like Holden W. Green Esq. can do to help in your situation.
Three Strikes Panel: Your defense lawyer can go before a panel of three District Attorneys to present evidence as to why your matter should be charged as a "non-strike" case. The legal team at the Law Offices of Holden W. Green will help you collect letters of support and documentation in your favor that can be presented to the panel.
Romero Motion: Previous strikes can be removed from your criminal record by the use of a Romero motion. If your lawyer counsels you towards a Romero motion, you will be required to plead to some criminal charge, but the judge will then dismiss a prior strike from your record. It is likely you could still face local jail time.
Protecting Your Family and Your Rights
Domestic Violence: Domestic Violence Criminal Defense Attorney within California
When the police answer to a domestic dispute, they are not there to mediate on your behalf or to help your family clear up an argument. They are there to arrest someone - usually (though not always) a man.
Like much of California, Santa Clara County has a "Do Not Drop" policy. This means that the "victim" cannot drop the charges, even if he or she wants to do so.
If you have been arrested and charged with domestic violence or domestic abuse, you need a defense attorney with experience fighting these circumstances in court; one who understands when it's best to negotiate for a better situation. Contact the Law Offices of Holden W. Green, A Professional Corporation for skilled, professional legal help.
Since 2000, attorney Holden W. Green Esq. has been representing people facing felony or misdemeanor charges for spousal abuse, assault, child endangerment, child abuse, stalking, or violation of a restraining order. He also defends people in hearings requesting a permanent restraining order.
The outcome of a domestic violence conviction can be severe:
Negotiating Settlements and Alternative Sentencing Options
There are many opportunities in domestic violence circumstances for an experienced attorney to negotiate for better circumstances in a case:
Whether you are Guilty or Not Guilty, the Most Important Action You Can Take is to Contact an Experienced Criminal Defense Attorney ASAP
Violent Crimes: Violent Crimes Criminal Defense Lawyer within California
The Law Office of Holden W. Green will aggressively work to protect your rights and your future.
From careful independent investigation to get the facts, to zealous courtroom representation, the firm's experienced defense lawyers on your side.
Attorney Holden W. Green Esq. has been defending people within California since 1994. He and his legal team represent clients in state and federal felony cases for a wide range of violent crimes, including:
Assault with deadly weapon, assault and battery, aggravated assault
The Law Offices of Holden W. Green - Defending Your Rights, Defending Your Future
Let the defense attorneys at the Law Offices of Holden W. Green within California explain your options and provide a vigorous defense in your case.
Sex Crimes and Offenses
Sex Crimes: Sexual Crimes and Offenses Criminal Defense Attorney within California
Being accused of a criminal behavior of a sexual nature can be forever life altering. Whether the behavior is as straight forward as public exposure, to falsely being accused of improper behavior with a child, to molestation. Even if a person is under 18 the DA can charge the case as if the person was an adult. Minor defendants can become sex registrants too.
Every sexual crime carries the capacity to punishment of sex registration for the remainder of one's life. A sexually charged matter often comes down to credibility of the victim. False complaints of committing a sexual act can often be used as punishment between two people in a domestic violence situation. Frequently prison time is involved.
Being accused of sexual crime can become quite grave very fast and it is very imperative to remain silent and consent to no entries until a search warrant has been obtained. A person accused of a sex crime must remain strong and not "explain away" the conduct.
The most important reason to have a private attorney in such circumstances is to avoid the registration requirement (even if it is not a "Meagan's law" requirement). Being a sex registrant means leaving any home (even if it is home ownership) within 2000 feet where children gather and that excludes schools).
The Law Offices of Holden W. Green will carefully handle and fight very hard to have the case accurately tried in the courts. The office will petition the court to provide expert witnesses on a client's behalf if they cannot afford one otherwise. The law office does not judge anyone because each person is innocent until proven guilty of the offense.
The Law Offices of Holden W. Green has successfully represented numerous defendants successfully in avoiding the harsh outcome of sex crime conduct. Each circumstance is different but hard work and effective communication is applied in every case. Police reports often detail one side of the story.
Traffic Offences, Violations and Traffic Tickets
Traffic Offenses: Traffic Tickets Criminal Defense Attorney within California
Consumers may know that their bad driving record will raise their car insurance, but just how much will a single moving violation cost them?
Plenty, as stated by a new analysis from Insurance.com. The website looked at 32,000 of its auto insurance policies sold in 2010 and found that those with no moving violations on their driving record can assume to pay, on average, $1,119 a year in premiums. Nevertheless, as soon as a consumer had a moving violation on record, the quotes skyrocketed. Their analysis found that:
Contact Law Offices of Holden W. Green today for our traffic ticket services.
"I recently received an expensive traffic ticket from the Palo Alto Police. Mr. Green handled everything. He issued subpoena's and asked for a speedy trial. Well there was no time to react on the police end. How did my case get resolved-It was dismissed without even going to court! I estimate that over the course of the three years I saved over $2000 (insurance/fines/fees/time off work to fight the ticket etc). Great job Mr. Green! A result I never even thought was possible." -Frank
"I received two speeding tickets that I did not deserve". I knew I was improperly charged but didn't know how to present my case to the traffic court. Well I went in to see Mr. Green and he handled everything. I didn't even have to show up to court. I couldn't have the extra points and pay the high fines. End result-both cases dismissed!" Grateful client Max
"I came to Mr. Green with a ticket for excessive speed. I admitted to driving over 65 MPH. Mr. Green appeared at my arraignment asked for a speedy trial sent a subpoena to the officer and because the officer was not prepared the case was dismissed! I never went to court; all calls were always returned promptly a fantastic experience from beginning to end-. The attorney saved me points on my record and thousands of dollars in fines and fees" Thanks Holden! Sincerely, John
"This attorney really knows his way around traffic court and its system-I would recommend Mr. Green who wants to fight back and earn a fighting chance to be heard. Bless you Holden Green." Sincerely, Amy
White Collar Crime Defense
White Collar Crimes: White Collar Crimes Criminal Defense Lawyer within California
The Law Offices of Holden W. Green, provides complex criminal defense representation for clients charged with a ambit of white collar crimes. The legal representation provided here is tailored to suit each client's specific needs. Serious punishments are enforced for white collar crime convictions. It is important to work with a criminal defense lawyer who is prepared to compose a acute defense on your behalf.
White Collar Crime Defense Holden Green
The firm defends individuals charged with the following white collar crimes:
Building a fraud, embezzlement, or other white collar crime defense case requires a careful investigation of the details. When the facts of a case and client objectives are clearly understood, the Law Offices of Holden W. Green is able to build a defense that is effective and goal-driven.
What to Do if You Are Contacted by Investigators
If you have reason to believe that you are under investigation for a white collar crime, plan your next steps carefully. If you are contacted by the police, detectives, or investigators, remember:
Federal Probation/California Probation - Probation Violation Attorney
Probation Violations: Probation Violations Criminal Defense Attorney|Criminal Defense Lawyer} within California
If you have disobeyed the circumstances of your parole or probation, you may face up to an additional year in jail. Hence, when facing a probation violation hearing, it is imperative to have an experienced lawyer on your side who will truly argue for your interests. Contact the Law Offices of Holden W. Green to speak with a knowledgeable parole and probation violation lawyer.
Federal Probation Violation: Violation of the terms of your federal probation can have strict consequences, which are often more harsh than penalties for violation of state parole. A federal judge - not a prison parole board - will make all findings regarding your probation, including probation violation sentencing. Federal probation violation sentences may involve revocation of probation for more than a year (sending you back into custody), extension of probation to the original violation term, less time spent in custody, or other penalties.
In federal probation proceedings the judge has disposition in sentencing. There are no precise sentencing guidelines which the judge must follow and the judge is free to accept or reject recommendations by the U.S. Attorney or probation officer.
Effective legal representation in federal probation proceedings may dramatically influence the federal judge's decision, reduce prison time, and even extend probation down to no jail time. When facing federal probation violation charges, it is extremely important to speak with a criminal defense attorney experienced in such matters. Attorney Holden W. Green Esq. has the effective, reputation, and perseverance to protect your interests. He speaks directly with your probation officer, working to negotiate results in your favor. In addition, he works to mitigate the offense by presenting letters of support or evidence of positive behaviour while you were out of custody on probation.
Experienced Guidance through Probation Violation Hearings
If you have been arrested for violation of probation or parole, the prosecutor may ask you to surrender credits that you have built up for earlier time served. While Attorney Holden W. Green Esq. comprehends the importance of getting credit for every day you have spent in custody, it is sometimes in your best interest to forfeit credits. He evaluates your circumstance and helps you understand the benefits and detriments of surrendering the credits. Additionally, he is experienced at negotiating with parole and probation officers for more favorable offers.
Parole Violations and Proceedings
Parole Violations: Parole Violations Criminal Defense Lawyer within California
Parole Violation: Simple mistakes, such as failure to check in with your parole officer, failure to pay fines or restitution properly, or other technical violations can never be charged in court. Nevertheless, in parole proceedings, these mistakes are considered crimes and constitute violation of parole.
If you have violated circumstances of your parole, you may be placed in jail where you will not be qualified for bail until the parole violation issues are addressed and cleared up. As these violations likely do not mirror the charges you originally faced, the time spent in jail for parole violation will not be credited to your sentence. It is essential to have an professional lawyer who will address these challenges immediately. Attorney Green understands "flat time," "I-credits," and "E-credits" and what needs to be done to protect your rights.
After a parole violation, the victim may be ordered to testify at a hearing. These hearings are known as "Morrissey hearings." They are less strict than a trial, but are required to ensure that probation is not abolished without due process. At a Morrissey hearing, a member of the Parole Hearing Division reviews the evidence of the violation.
In a Morrissey hearing the parolee is present and can question the victim. In some cases, the victim may be interviewed outside the parolee's presence. When this happens, the parolee can leave a list of questions for the victim to answer. Given the less formal setting, it is essential to have an lawyer who understands the process to make sure your rights to due process are protected.
Working to Preserve Your Rights and Your Future
California defense attorney Holden W. Green Esq. is a former state appointed panel member for parole hearings and violation procedural matters. The panel is under the CDC (California Department of Corrections) for San Quentin This experience enables the Law Office of Holden W. Green to supply clients with the benefit of his comprehensive knowledge of parole and probation circumstances. As a private practice attorney, Mr. Green can supply clients with the dedication, loyalty, and personal attention that their specific matter commands.
If you or someone you know is facing a parole (Morrissey) hearing, trust in the experience and commitment of criminal defense attorney Holden W. Green Esq. He knows the law, the exact deadlines, and the procedures for protecting you-the client. He has helped hundreds of people just like you. Contact the Law Offices of Holden W. Green today for a FREE 30 MINUTE CONSULTATION and case evaluation.
Schedule a FREE 30 MINUTE CONSULTATION and case evaluation today.
Call the Law office of Holden W. Green at (408) 451-8449.
Under Prop 47: Proposition 47 Criminal Defense Lawyer within California
TOP 6 REASONS WHY HIRING AN LAWYER IS THE BEST STRATEGY IN DEALING WITH A CRIMINAL DEFENSE CASE:
Under Prop. 47 a decrease in offense level (e.g., a decrease from felony to misdemeanor) can be made retroactively. There is good immigration case law from the Ninth Circuit and BIA that if the offense level is changed after the date of conviction, e.g., a reduction from a felony to a misdemeanor–even years later–this altercation must be recognized by immigration courtsLa Farga v. INS, 170 F.3d 1213 (9th Cir. 1999) Thus, it is common practice to reduce a wobbler conviction that was a felony, to a misdemeanor to help someone qualify for the petty theft exception to inadmissibilty for CIMT’s.
For those who have concluded their sentence, this might have the following favourable, impacts:
- Someone with a felony unlawful possession of drug case, could move the court to decrease the charge to a misdemeanor. Presuming that they had no other conviction which made them unqualifiedand the sentence was under 90 days, then they would be suited for DACA since unlawful possession of drugs is not a disqualifier but a felony is. On the other hand, any unlawful possession of drugs makes one unqualified and deportable, so that even if someone now eligible for DACA, they would still be unqualified to become a lawful permanent resident.
- Someone with a felony theft type offense covered under Prop 47 who reduces their sentence to a misdemeanor because the value of the property is $950 or less, would also be eligible for DACA provided the sentence was under 90 days and there was no other violation disqualifer since theft is not a significant misdemeanor. Same thing with a dispute of burglary to shoplifting. Additionally see the provisions for writing bad checks and check forgery. I will call these “theft-type”cases.
- Someone who decreased a theft-type crime to a misdemeanor might now qualify for Temporary Protected Status (limited to nationals of a few countries who entered on certain dates). A person becomes unqualifiedsubject to termination for 1 felony or 2 misd. convictions.
- Someone with a decrease to a misdemeanor in a theft-type matter might now qualify for admissibility under the petty theft exception if no other CIMT case and 6 months or less sentence.
- Altercation from a felony to a misdemeanor for a CIMT might avoid the ground of deportabilty for one crime of moral turpitude within five years of admission with a likely one year sentence provided that the Court absolutlely stated that it was resentencing under new P.C. 18.5 effective 1/1/15 (wobbler treated as misd has max 364 day sentence). Wait for1/1/15 or after to get this relief.
- Avoid an aggravated felony by resentencing with 364 days: Immigration courts will acknowledge a changed sentence as the only sentence. Matter of Song, 23 i&N Dec 173 (BIA 2001). So a permanent resident with a theft type offense under Proposition 47 who had a felony 1 year sentence-which might make it an aggravated felony–could reduce the felony to a misdemeanor after 1/1/15 and under new P.C. 18.5 (reducing any sentence to 364 days effective 1/1/15 for any wobbler-misd.) try to get the judge to affirm the offense a misd. with a 364 day sentence. Arguably, under Estrada, after resentencing to a misd. the court should also apply new P.C. 18.5.
On November 4, 2014, California voters passed Proposition 47, which decreases certain theft and drug possession crimes from a felony to a misdemeanor. The new law also created a process by which people who have been sentenced of felonies for offenses that would now be misdemeanors can petition to have their convictions abated.
The crimes that are covered by Prop 47 are the following:
- Health & Safety Code 11350(a), Possession of a Controlled Substance
- Health & Safety Code 11357(a), Possession of Concentrated Cannabis
- Health & Safety Code 11377(a), Possession of a Controlled Substance
- Penal Code 459, Commercial Burglary (during business hours and less than $950)
- Penal Code 470, Forgery (less than $950)
- Penal code 476a(a), NSF Checks (less than $950)
- Penal Code 487, Grand Theft (less than $950)
- Penal Code 496(a), Possession of Stolen Property (less than $950)
- Penal Code 666/484(a), Petty Theft with Proceeding Convictions (less than $950)
Excepted completelyfrom these reductions are people with a previous conviction for the offenses listed in Pen. Code 667(e)(2)(C) or those who were convicted of an offense mandatory registration pursuant to Penal 290(c).
If you have a felony conviction for one of the above-listed offenses, now is the time to have that felony decreased to a misdemeanor. Attorney Holden Greens’ Proposition 47 felony altercation service is quick, effective, and backed by a 100% money back guarantee.
There are a number of advantages to having your felony abated to a misdemeanor. Most importantly, in an application for private employment you can genuinenessly answer that you have never been convicted of a felony (as long as all felonies have been abated or dismissed, of course).
You may also be eligible to have your misdemeanor discharged pursuant to Penal Code 1203.4. Under current California law, private background check companies cannot report discharged convictions, so once a matter has been expunged, it should no longer show up on private background checks.
There are many other benefits of having your California criminal record expunged. This includes: helping you in obtaining a state license, facilitating travel to Canada and other countries, helping you qualify for certain loans, and strengtheningthe strong possibility that you pass residential rental background checks. Most importantly, an expungement will shut the door on the past and aid you move forward with your life.
Attorney Holden W. Green Esq. has helped 1,000s of people clean up their criminal records. He has a five start client rating on Google, Yelp and AVVO. Perhaps most importantly, his Prop 47 petition service is backed by a 100% money back guarantee.
- Attorney Holden W. Green Esq. will collect information about your matter from a variety of sources.
- Mr. Green will review your matter and determine the most effective and most expeditious course of action.
- In certain matters, a supporting declaration will be prepared for you to re-evaluate and sign (this way it is not required that you go to court).
- Mr. Green will put in order the petition along with all supporting evidence and attachments.
- A proposed order will be provided to the court.
- The complete petition is filed with the appropriate court, a hearing is scheduled, and the prosecuting agencies are notified.
- Attorney Green will follow up with the prosecuting agencies to determine if there is any opposition.
- Mr. Green will attend the hearing to argue on your behalf and counter any opposition provided by the prosecuting agency’s attorney.
- Our office will follow up with the court after the hearing to ensure that the clerk has processed the order and notified the Department of Justice.
- Once the order granting your expungement has been signed by the judge, Attorney Green will obtain a copy of the order and provide you with grounds of the expungement for you to keep with your records.
* Note that because each matter is unique and there are some procedural differences for each county in California your matter may not follow our process outline exactly.
When does Prop 47 become law?
Proposition 47 became law on November 5, 2014, the day after it was passed by the voters of California.
Is my felony automatically decreased to a misdemeanor?
Absolutely not. If you do nothing, your felony will remain a felony. You must petition the court and follow the appropriate procedure to have your felony abated.
How long does the case take?
Generally, the action should take about 1-2 months. The plan of action will be different in every county. For example, in Orange County, the court is asking that the District Attorney’s office be given 45 days to respond to a petition under Prop 47.
I have already had my felony dismissed pursuant to Penal Code 1203.4, am I eligible?
Absolutely. You are still eligible to lessenyour felony to a misdemeanor and you should absolutely do so.
If I served prison time as a result of my felony conviction, am I eligible?
Absolutely, unless the proceeding conviction exception applies or if you register pursuant to Penal Code 290.
I was convicted of a felony not covered by Proposition 47, can it be decreased?
That depends. If the felony is a “wobbler” and you were not sentenced to state prison, you may be eligible to cut down your felony to a misdemeanor.
If you have questions about your situation, do not hesitate to reach out to us directly. Attorney Holden W. Green Esq. will provide you with a free, no-obligation consultation about your situation.
Schedule a FREE 30 MINUTE CONSULTATION and case evaluation today.
Call the Law office of Holden W. Green at (408) 451-8449.