“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 the Best Choice for a Criminal Defense Attorney in California.
Law Offices of Holden W. Green provides the best possible 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 along with 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 and 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 situations.
- Can be a "voice of reason" for the client as to avoid any irrational or emotional decisions.
- Attorneys are familiar with the local courts and 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 matter that their clients may not have the time to spend.
- Hire and 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, permit Law Offices of Holden W. Green criminal law attorneys in 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 in 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 matters and other criminal law-related cases.
With our extensive knowledge along with 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 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 in California, principal attorney Holden W. Green Esq. leads his legal team in providing aggressive and zealous representation that is tailored to suit the individual situations and needs of their retained clients.
A range of legal circumstances 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 reason to the police
- Talk to no one after the arrest
- Call a DUI / DWI defense lawyer as soon as possible
- What is Deferred Entry of Judgment (DEJ)? With a DEJ, once a drug treatment program has been successfully completed, charges can be dismissed after 18 months and all records of the court proceedings are destroyed. If the program is not completed, or not completed 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 dismissed after the successful completion 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 former 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 murder, vehicular manslaughter, assault, a drunk driving accident with injuries, sexual assault, domestic violence, home invasion, carjacking, or armed robbery
- Another conviction was for a misdemeanor or felony 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 matter can be heard in family court or a child protective services hearing rather than a criminal court.
- Charges can be lowered 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 his or her children.
- You do not need to talk to the police. It is your right not to speak.
- You SHOULD not talk to family or friends.
- Only communication with your attorney is absolutely protected under the law.
- Only a skilled, experienced, and dedicated criminal defense attorney knows how to look out for your interests properly.
- Domestic violence
- Criminal threats, terrorist threats, stalking
- Murder, manslaughter, vehicular manslaughter
- 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 attorney
- 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 problems and 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 along with what do we do exactly with our services?
Court Appearances: Available for Business Court Appearances in California
Numerous litigants and 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 along with San Mateo. Other surrounding counties in California are available for appearance work, but acceptance of the representation will occur based on the individual circumstance and task presented.
Criminal Law Expertise
The Law Offices of Holden W. Green, A Professional Corporation, provides confidential, professional and aggressive representation to clients in California and across the Bay Area of California. Our law firm is devoted helping clients facing criminal charges and other legal challenges.
We handle most criminal defense cases. 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 Lawyer in California
If you are facing criminal charges, it is extremely important that you get capable 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 precise needs of each client. Criminal cases have serious punishments that are imposed upon conviction. The firm assembles the information necessary to build 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 zealously represents clients in the face of a wide range of felony and misdemeanor criminal charges:
The firm also handles juvenile delinquency and juvenile crime circumstances. In these types of matters, 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. Effective representation can help not only retain 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.
Record Clearance, Expungements and Order to Seal Criminal Records
With the new changes in sentencing, now is the perfect 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 affecting you getting a job or leasing an apartment?
You can expunge your criminal record even if state/federal jail time was served. An expunged record will also address parolee status in the eyes of employers obtaining a professional license or from getting a job to leasing an apartment (individual circumstance sensitive).
Holden W. Green Esq. Flat fee in all cases in this legal area
Click Here for Statewide Filing Fees
California Expungement Lawyer
Never in modern times has the ability to investigate someone's background been so universal. Employers are continuously checking the backgrounds of new employees and generally denying them employment due to imperfections 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 begin your life anew.
Our staff at the Law Offices of Holden W. Green has an exceptional background when it comes to handling record clearances. In fact, the firm has never lost the appealplea for an expungement. This service is often invaluable to individuals who are eager to get a fresh start and have the crimes of their past expunged from their record.
The firm is committed to handling these types of cases as efficiently and effectively as possible. Mr. Green is an exceptionally skilled expungement attorney who is on a first name basis with all of the legal professionals in the Santa Clara County courthouse. He holds a favorable reputation throughout the legal and local communities.
Coast to Coast Service in this area of practice
It is not mandatory for the client to actually come to the law office to begin their record clearance process. All correspondence can be accomplished by mail or fax. The law office represents clients all over the country and has successfully completed their record clearance in this means. Many clients picked up a conviction in courts in 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 Drugs and Alcohol in California Is Against The Law
DUI and DWI: DUI and DWI Criminal Defense Attorney in California
Effective January 1, 2010, the courts and the DMV are requiring inter-locking devices on first convictions. This restriction is for a three year court probationary period at a $1,000.00 additional cost.
If you have been arrested and charged with drunk driving in California, you could face severe penalties if convicted. The Law Offices of Holden W. Green, defends individuals charged with drunk driving in California area. To schedule a FREE 30 MINUTE CONSULTATION with a DUI / DWI defense lawyer, contact the firm.
Driving Under the Influence of Alcohol and Drugs
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 because a police officer speculates you have been drinking (reckless driving may cause this), you could be charged with DUI even if you have not consumed any alcohol. Subsequently, you face the penalties allied, 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 matters. 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. Beside 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 conduct during and after a DUI arrest can change how your case will ultimately be resolved.
You will also 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 cases, not the crime of drunk driving. Moreover, if your license is suspended and you are stopped driving after the suspension, your vehicle may be impounded and you are subject to intensify penalties, including jail time and fines.
Legal Help If You are Facing Charges for Narcotics Violations or Drug Crimes
Drug Charges: Drug Crimes Criminal Defense Attorney in California
A conviction for a drug charge will leave a permanent mark on your record. It can be seen by potential employers, landlords, banks, and others. It can interfere with your ability to apply for a college loan, to rent an apartment, and to earn a living.
Aggressive California Drug Charge Lawyer
It's important to do everything possible to stop a conviction for a drug charge or to reduce 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 matter.
Diversion Programs Program Resolution
To resolve your situation via a treatment / diversion program, you need a qualified lawyer to negotiate your access to obtain this type of resolution. These programs provide a way to avoid jail time and convictions. Successful close of a diversion program can help keep a felony off your record.
This is a very good option because a felony conviction will be left on your criminal record for at least 5 years before you can even try to have it decrease to a misdemeanor. Program resolution commonly necessitates the assistance of an lawyer, 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 circumstances 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 Lawyer in 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 by surprise. What may seem like a insignificant crime, if it falls under the three strikes rule, could land you in prison for life?
Look for a Defense Lawyer with Extensive 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 avert the application of the three strikes law in your circumstance.
Three Strikes Defense Strategies
If you are facing penalties under the three strikes law, there are still things that an experienced and aggressive defense attorney like Holden W. Green Esq. can do to help in your case.
Three Strikes Panel: Your defense attorney can go before a panel of three District Attorneys to present evidence as to why your circumstance should be charged as a "non-strike" case. The legal team at the Law Offices of Holden W. Green will help you gather 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 attorney advises a Romero motion, you will need to plead to some criminal charge, but the judge will then delete a prior strike from your record. It is possible you could still face local jail time.
Protecting Your Family and Your Rights
Domestic Violence: Domestic Violence Criminal Defense Lawyer in California
When the police respond to a domestic dispute, they are not there to mediate on your behalf or to help your family resolve 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 she or he wants to do so.
If you have been arrested and charged with domestic abuse or domestic violence, you need a defense lawyer with experience fighting these situations 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 misdemeanor or felony charges for spousal abuse, assault, child abuse, child endangerment, stalking, or violation of a restraining order. He also defends people in hearings requesting a permanent restraining order.
The consequences of a domestic violence conviction can be severe:
Negotiating Settlements and Alternative Sentencing Options
There are many opportunities in domestic violence situations for an experienced lawyer 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 Lawyer ASAP
Violent Crimes: Violent Crimes Criminal Defense Attorney in California
The Law Office of Holden W. Green will aggressively work to defend your rights and your future.
From careful independent investigation to get the facts, to zealous courtroom representation, the firm's experienced defense team is on your side.
Attorney Holden W. Green Esq. has been defending people in 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 and battery, aggravated assault, assault with deadly weapon
The Law Offices of Holden W. Green - Defending Your Rights, Defending Your Future
Let the defense lawyers at the Law Offices of Holden W. Green in California explain your options and provide a vigorous defense in your case.
Sex Crimes and Offenses
Sex Crimes: Sexual Crimes and Offenses Criminal Defense Lawyer in California
Being accused of a criminal conduct of a sexual nature can be forever life changing. Whether the conduct is as straight forward as public exposure, to falsely being accused of indecent conduct 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 capability to punishment of sex registration for the remainder of one's life. A sexually charged case often comes down to integrity of the victim. False accusations of committing a sexual act can often be used as punishment between two people in a domestic violence situation. Often time's prison time is involved.
Being accused of sexual crime can become quite grim very fast and it is very important 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 greatest reason to have a private attorney in such issues 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 manage and fight very hard to have the case legitimately tried in the courts. The office will request 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 severe outcome of sex crime conduct. Each issue 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 Lawyer in 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, according to 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 zero moving violations on their driving record can expect to pay, on average, $1,119 a year in premiums. However, 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 Attorney in California
The Law Offices of Holden W. Green, provides subtle criminal defense representation for clients charged with a range of white collar crimes. The legal representation provided here is tailored to suit each client's specific needs. Grave punishments are enforced for white collar crime convictions. It is important to work with a criminal defense attorney who is prepared to construct a firm defense on your behalf.
White Collar Crime Defense Holden Green
The firm defends individuals charged with the following white collar crimes:
Constructing a fraud, embezzlement, or other white collar crime defense case requires a careful investigation of the factsdata. When the facts of a circumstance 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} in California
If you have violated the conditions of your parole or probation, you may face up to an additional year in jail. Therefore, when facing a probation violation hearing, it is important to have an experienced lawyer on your side who will truly fight 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 effect, which are often more harsh than penalties for violation of state parole. A federal judge - not a prison parole board - will make all arbitration 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 option in sentencing. There are no absolute 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.
Accomplished legal representation in federal probation proceedings may dramatically impel 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 pivotal to speak with a criminal defense attorney experienced in such matters. Attorney Holden W. Green Esq. has the accomplished, reputation, and perseverance to protect your interests. He speaks directly with your probation officer, working to adjudicate 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 accrued for former 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 issue and helps you understand the benefits and detriments of surrendering the credits. Additionally, he is an expert at negotiating with parole and probation officers for more favorable offers.
Parole Violations and Proceedings
Parole Violations: Parole Violations Criminal Defense Attorney in 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. However, in parole proceedings, these mistakes are considered crimes and constitute violation of parole.
If you have violated conditions of your parole, you may be placed in jail where you will not be eligible for bail until the parole violation issues are addressed and resolved. 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 important to have an experienced 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 formal than a trial, but are required to ensure that probation is not cancelled 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 important to have an attorney who understands the process to make sure your rights to due process are protected.
Working to Preserve Your Rights and Your Future
California defense lawyer Holden W. Green Esq. is a former state appointed panel member for parole hearings and violation procedural cases. The panel is under the CDC (California Department of Corrections) for San Quentin This experience enables the Law Office of Holden W. Green to provide clients with the benefit of his comprehensive knowledge of parole and probation situations. As a private practice attorney, Mr. Green can provide 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 expertise and commitment of criminal defense attorney Holden W. Green Esq. He knows the law, the strict 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 Proposition 47: Prop 47 Criminal Defense Attorney in California
TOP REASONS WHY HIRING AN ATTORNEY IS THE BEST STRATEGY IN DEALING WITH A CRIMINAL DEFENSE CASE:
Under Prop. 47 a reduction in offense level (e.g., a reduction 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 decrease from a felony to a misdemeanor–even years later–this reduction 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 done their sentence, this might have the following beneficial, impacts:
- Someone with a felony unlawful possession of drug case, could move the court to lower the charge to a misdemeanor. Assuming that they had no other conviction which made them ineligibleand the sentence was under 90 days, then they would be qualified 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 inadmissible and deportable, so that even if someone now qualified for DACA, they would still be inadmissible to become a lawful permanent resident.
- Someone with a felony theft type offense covered under Proposition 47 who reduces their sentence to a misdemeanor because the value of the property is $950 or less, would also be eligible for DACA as long as the sentence was under 90 days and there was no other crime disqualifer since theft is not a significant misdemeanor. Same thing with a altercation of burglary to shoplifting. Besure to see the provisions for writing bad checks and check forgery. I will call these “theft-type”matters.
- Someone who reduced 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 unfittedsubject to termination for 1 felony or 2 misd. convictions.
- Someone with a dispute to a misdemeanor in a theft-type case might now qualify for admissibility under the petty theft exception if no other CIMT case and 6 months or less sentence.
- Reduction 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 potential one year sentence provided that the Court expressly 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 recognize 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 covered under Prop 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 certify 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 Prop 47, which reduces certain theft and drug possession crimes from a felony to a misdemeanor. The new law also created a practice by which people who have been imprisoned of felonies for offenses that would now be misdemeanors can petition to have their convictions shortened.
The crimes that are covered by Proposition 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 Former Convictions (less than $950)
Excepted entirelyfrom these decreases are people with a earlier conviction for the offenses listed in Pen. Code 667(e)(2)(C) or those who were convicted of an offense demanded 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 reduced to a misdemeanor. Attorney Holden Greens’ Prop 47 felony reduction service is quick, proficient, and backed by a 100% money back guarantee.
There are a number of benefits to having your felony shortened to a misdemeanor. Most importantly, in an application for private employment you can truthfully answer that you have never been convicted of a felony (as long as all felonies have been shortened or dismissed, of course).
You may also be eligible to have your misdemeanor dismissed pursuant to Penal Code 1203.4. Under current California law, private background check companies cannot report dismissed convictions, so once a case has been expunged, it should no longer show up on private background checks.
There are many other advantages of having your California criminal record expunged. This includes: expiditing you in obtaining a state license, facilitating travel to Canada and other countries, assisting you qualify for certain loans, and boostingthe good chance that you pass residential rental background checks. Perhaps most importantly, an expungement will close the door on the past and help 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 Yelp, Google and AVVO. Perhaps most importantly, his Proposition 47 petition service is backed by a 100% money back guarantee.
- Attorney Holden W. Green Esq. will gather information about your case from a variety of sources.
- Attorney Green will review your case and determine the most effective and most expeditious course of action.
- In certain cases, a supporting declaration will be prepared for you to review and sign (this way it is not required that you go to court).
- Attorney Green will poduce the petition along with all supporting proof 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.
- Mr. Green will follow up with the prosecuting agencies to determine if there is any opposition.
- Attorney 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, Mr. Green will obtain a copy of the order and provide you with evidence of the expungement for you to keep with your records.
* Note that because each case is unique and there are some procedural differences for each county in California your case may not follow our process outline exactly.
When does Proposition 47 become law?
Prop 47 became law on November 5, 2014, the day after it was passed by the voters of California.
Is my felony automatically reduced to a misdemeanor?
No. If you do nothing, your felony will remain a felony. You must petition the court and follow the proper procedure to have your felony shortened.
How long does the process take?
Generally, the case should take about 1-2 months. The process will be different in every county. For example, in Orange County, the court is requiring that the District Attorney’s office be given 45 days to respond to a petition under Proposition 47.
I have already had my felony dismissed pursuant to Penal Code 1203.4, am I eligible?
Yes. You are still eligible to cut downyour 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?
Yes, unless the former conviction exception applies or if you register pursuant to Penal Code 290.
I was convicted of a felony not covered by Prop 47, can it be reduced?
It depends. If the felony is a “wobbler” and you were not sentenced to state prison, you may be eligible to lower your felony to a misdemeanor.
If you have questions about your particular 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 matter.
Schedule a FREE 30 MINUTE CONSULTATION and case evaluation today.
Call the Law office of Holden W. Green at (408) 451-8449.