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California Lawyer
California Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 971
Experience:  Licensed to practice law in California
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I was convicted of possession of a small amount of cocaine

Customer Question

I was convicted of possession of a small amount of cocaine and pot over 33 years ago. I contacted a lawyer in California (Higbee and Associates) and after meeting with them and going over my case they told me the only way I could receive my firearms rights back was through a Governors Pardon. That is my main reason to get this pardon is to reinstate my firearms rights in the state of Florida -- not California as I have not lived here for over 23 years. I came to California to do this but it seems that my only option is a Governors Pardon. I have been downtown LA to the archives and have a copy of my record and have also done a live-scan to the DOJ to see if there is any other information but can not see that there would be. As I said earlier -- my main goal in this is not to just have this case expunged but to have my firearms rights restored. If this something you can help me with I would appreciate a response and information as to the cost and a "quess" as to the amount of time it would take to do this. Thank you for your time -- hope to here from you soon. Alex Ku*****

Submitted: 4 months ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 4 months ago.

Hello. My name is ***** *****

Thank you for your question.

I will be happy to provide you the information you are seeking for educational purposes only.

JustAnswer.com legal professionals, such as myself, do not provide any type of legal services or legal advice, however, I can answer a legal question for you or I can provide you with online sources to find an experienced local California pardon law attorneys.

Is this something you would like me to do?

Customer: replied 4 months ago.

I managed to finally pull up your response to my questions as they were of poor quality on the screen, Having said that -- your answer - or lack there-of to my questions are for sure not what I would or plan to pay $54. dollars for There were NO real answers -- just more questions from you. VERY disappointing. Please remove the charge from my credit card as I do not believe I received anything near what I was asking for. Alex *****

Expert:  Alex J. Esq. replied 4 months ago.

In order to provide you with an answer, I did need to clarify as to what information you were seeking, so I could provide you with an answer to your question.

I do not handle any billing or customer service questions or issues, but you can properly address such concerns to JustAnswer.com Award Winning Customer Service:
http://ww2.justanswer.com/help
Thanks.

Expert:  California Lawyer replied 4 months ago.

Hello,

Much of this you can do yourself. Attached below is the California information:

https://www.gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf

One thing to keep in mind, the process may be somewhat simpler now that (in CA) your simple possession offense is already a misdemeanor. That does not automatically get you your gun rights back, but now you are seeking a pardon for a misdemeanor. You have a strong argument that people convicted in the future will still be able to have guns, so it would be inequitable to deny you yours.

I hope this helps.

DCG

Customer: replied 4 months ago.

Hello David -- thank you for your response but am confused. I had previously spoken with a couple of attorneys concerning this case and they both told me that I would FIRST have to get the felony knocked down to a misdemeanor under proposition #47 but that this would not reinstate my firearms rights. The only way was a Governors Pardon. The way I understand what you are saying is that the felony is ALREADY now a misdemeanor without me having to do anything. Is this correct ?? I came to LA for a couple of days and did receive my records from the LA archives and did a live scan for the DOJ -- am awaiting these records to be sent to me from the DOJ. As far as I understand it -- my case is still a felony. Would I have to go through the process of getting it reduced to a misdemeanor FIRST and then seek a Governors Pardon ?? Is this something that you handle and would be able to do for me ?? If it is -- what would be the cost -- an approximate amount of time to get it done ( a guess) and what would I need to do to get it started. One of the previous attorneys I spoke with said after I had them do an analysis was that they would be able to have the felony knocked down to a misdemeanor for a very reasonable price but that they do not handle Governors Pardons. SO - to sum this up - 1) Do I have to first have this felony reduced to a misdemeanor or is it already one ??? 2) If I do have to first reduce it and have another firm get that done -- would you be able and willing to do the work in getting a Governors Pardon ?? 3) What would be the cost for just applying for a Pardon and for doing both ( a reduction to a misdemeanor first if needed) I am not in California at this time but will be in Texas for the next couple of weeks after which I will be out of the country for at least a few months. My main goal in all this is to have my firearms rights restored and have it done as quickly as possible. As I believe you may have read my previous e-mails to the other attorney (Alex) who I would imagine referred me to you -- I was convicted for a possession of a small amount of cocaine and pot OVER 33 years ago. Spent no jail time - finished my 3 years of probation and have not been in any trouble since. Your opinion and advise in this matter would be of great value to me. Sorry for the long e-mail -- will look forward to your response and thank you for your time -- Alex *****

Expert:  California Lawyer replied 4 months ago.

You are correct. It is technically a misdemeanor, but to get the records on your RAP sheet updated, you will need to file a petition in the court that convicted you.

To directly answer your questions:

1.) Yes, get it reduced under 47 first. Do not hire an attorney. This is a one page petition you can do yourself in about 5 minutes. We do them in my courtroom all the time. Here is a sample petition here: http://libcloud.s3.amazonaws.com/211/f2/8/516/P47_Form_111014v1.pdf. It does not even need to be that complex as I have seen handwritten motions on pleading paper.

2 & 3.) This is outside of my expertise, and probably exceeds the scope of what we can do here. File the prop 47 petition, and then talk with an attorney firm who does this. You will have just saved yourself a bunch of money.

I hope this helps.

DCG

Customer: replied 4 months ago.

Thank you David -- This has all been very confusing as I have heard different "opinions" and "options" during my study of this process. If you know of anyone that does do Governors Pardon work -- I would appreciate if I could have their name & number to contact them. Again thanks for your impute -- Alex Ku****

Expert:  California Lawyer replied 4 months ago.

Alex,

Sorry, I do not know anyone, but they should not be hard to find. Contact the California state bar, They should be able to provide lots of options.

I hop this helps.

DCG