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Law Office of E. Michael Linscheid

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Criminal Defense

Gavel and handcuffs on a MISDEMEANOR document, representing a criminal record and its consequences in California.
  • By: E. Michael Linscheid

How Long Can A Misdemeanor Or Felony Conviction Stay On Your California Record? Misdemeanor and felony convictions will essentially remain on your record forever unless you take some sort of steps to clean your record. Cleaning your record could require you to seek a reduction of your charges from a felony to a misdemeanor. In some cases, this might involve reducing a misdemeanor to an infraction pursuant to Penal Code Section 17. Also, cleaning your record could include expunging convictions from your record under Penal Code 1203.4. Additionally, if you were found factually innocent of the charges and the case was either never filed or dismissed, you can seek the…Read More

Image represents the legal process of appealing misdemeanor convictions in California
  • By: E. Michael Linscheid

Getting convicted of any crime, even a low-level misdemeanor, can feel like your life is over as you know it. In California, the impact of a conviction can be far-reaching and long-lasting. Because of this, it’s often worth contesting certain convictions. This article provides essential insights into the appeals process for misdemeanors in California, including: The deadline for filing an appeal in California and why pleading guilty might limit your ability to appeal. A general overview of the appeals process from start to finish. Two examples of successful misdemeanor appeals from California cases. How Long Do I Have To File An Appeal For A Misdemeanor Conviction? In California, you typically…Read More

  • By: E. Michael Linscheid

It appears rapper MC Hammer won't have to trade his parachute pants for an orange jumpsuit following his arrest at a Dublin shopping center two weeks ago. Charges for resisting an officer in Dublin have been dropped, the musician and dancer tweeted Friday evening. "Thank You to all my friends and supporters. All CHARGES DECLINED. Dropped," he wrote. "Have A great Weekend." For now, we'll have to take Hammer's word for it as Dublin police didn't immediately return calls to confirm the charges had been dropped. The 50-year-old recording artist, who lives in Tracy, was arrested on Feb. 21 in the Hacienda Crossings shopping center after a verbal altercation with…Read More

  • By: E. Michael Linscheid

A federal appeals court reinstated the death sentence Thursday for a San Jose man who killed a teenage employee during a 1979 liquor store robbery, saying the verdict was not affected by shackling that forced defendant Marvin Walker to limp to and from the witness stand. U.S. District Judge Saundra Brown Armstrong had granted Walker a new trial in 2011, saying the jury may have been swayed by a plastic knee brace that sheriff's officers had fastened under one of Walker's pant legs. The trial judge never stated any reason for the shackling, and the jury deliberated at length on both Walker's guilt and his sentence, Armstrong noted. In overruling…Read More

  • By: E. Michael Linscheid

The state Supreme Court overturned the murder conviction Thursday of a burglar who was driving down a freeway with his loot when a stolen stove fell off his pickup truck and caused a fatal crash. Cole Wilkins of Long Beach was convicted of first-degree murder on the grounds that he was still fleeing the scene of the burglary when the fatality occurred. He was sentenced to 26 years to life in prison. In granting Wilkins a new trial, the court ruled unanimously that the trial judge should have allowed the jury to decide whether Wilkins, who was 62 miles from the burglary scene, had reached a place of "temporary safety"…Read More

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