Daniel L. Harralson Law Corporation

Daniel L. Harralson Law Corporation We provide for following Legal Services:
DUI
Criminal Defense
Motor Vehicle Accidents
Family Law
Child Custody/Support
Immigration

11/29/2022

As of August 8, 2022, the National Registry of Exonerations listed 3,200 defendants who were convicted of crimes in the United States and later exonerated because they were innocent;1 53% of them were Black, nearly four times their proportion of the population, which is now about 13.6%

06/21/2021

Who has custody of the child if there is no court order in California?
When there are no court orders in effect, both parents have equal rights to their child(ren). It is unlawful however for one parent to conceal the child(ren) from the other parent, or for a parent not to provide some form of contact/visitation to the other parent.

09/03/2020

Expungements !!

09/03/2020

Under California Penal Code 1203.4 PC, an expungement is a petition that a defendant in a criminal case can bring at the conclusion of probation. The petition asks the court to allow the defendant to withdraw any plea of guilty or no contest, to reenter a plea of not guilty, and to dismiss the case. If granted, the expungement releases an individual from the negative consequences of a conviction.

Who is eligible to have a conviction expunged?
Expungement is available to defendants convicted of either California misdemeanors or felonies provided that:

The defendant has successfully completed probation for the offense, and
The defendant either:
Did not serve time in state prison for the offense, or
Served time in state prison, but would have served it in the county jail had the crime been committed after implementation of “Realignment” under Proposition 47.1
Note that the California Department of Justice will review and seal all past ma*****na convictions that are no longer considered crimes now that recreational ma*****na is legal. This process should be done by July 1, 2020. See California Assembly Bill 1793 (2018).

What does a California expungement do?
Under Penal Code 1203.4, an expungement releases an individual from virtually “all penalties and disabilities” arising out of the conviction.2

One particular benefit is that an expunged conviction does not need to be disclosed to potential employers.

As it is, California’s ban the box law, AB 1008, bars employers from asking about a job applicant’s criminal record until there is a conditional offer of employment.

But once a conviction has been expunged, it does not have to be disclosed to an employer even after the employer makes a conditional offer of employment.

Who is not eligible for an expungement in California?

People are not eligible for expungement if they:

are currently charged with a criminal offense,
are on probation for a criminal offense or
are serving a sentence for a criminal offense.
A person is also not eligible for expungement if convicted of certain s*x crimes involving children.

People who are not eligible for expungement may be able to get relief for their offenses through:

A Certificate of Rehabilitation and/or California governor’s pardon, or
Commutation of a California prison sentence.

01/22/2020

A man who served nearly three decades in prison for a Philadelphia triple murder has been freed after a judge threw out his conviction.

12/09/2019

Lee Harris
10 hrs ·
I'm sad to report that Lee is still not free. Every week our brilliant attorney Jennifer Blagg uncovers something new, however, the wheels of justice turn mighty slow, but we're expecting good news soon. Please keep Lee in your hearts and prayers as he misses Christmas with his family for the 30th consecutive year. Please write Lee or send a card should the spirit move you.

Lee Harris
N81717
P.O. Box 99
Pontiac, IL 61764

God bless you and thank you for your support.

11/14/2019

Law enforcement officers must inform suspects of their Miranda rights to remain silent and to have an attorney present. As long as the suspect understood these rights as explained, statements made in subsequent interrogation may be admissible as evidence against the suspect if he or she did not clearly invoke the right to remain silent or the right to an attorney.

Practically speaking, this means that if police read a suspect his or her Miranda rights, the suspect understands (and even remains silent for a period), police may continue or later attempt to interrogate the suspect. The Fifth Amendment will not prevent statements made after a period of silence from being used as evidence, unless the suspect clearly communicated a desire to invoke the right to remain silent.

11/08/2019

In California, accusations of possession of a controlled substance is charged under different types of statutes. After the passing of Proposition 47, all simple possession charges, which were previously straight felonies, are now misdemeanors. Simple possession charges are charged by the government under Health & Safety Code 11350(a) or Health & Safety Code 11377.

10/24/2019

There are 2 types of Warrants .. A Search Warrant and a Ramey Warrant ...
A Ramey Warrant is an arrest warrant signed and issued by a judge allowing Police to arrest a specific suspect. ... A Ramey Warrant is issued prior to the filing of criminal charges.

10/08/2019

For purposes of California's three strikes law, "serious felonies" are listed in California Penal Code Section 1192.7(c) and 1192.8(a). Along with violent felonies, a conviction for any of these crimes will count as a strike prior. A serious felony under PC 1192.7 and 1192.8 is any of the following offenses:

Murder or voluntary manslaughter.
Mayhem.
R**e.
So**my by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person.
Oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person.
Lewd or lascivious act on a child under the age of 14 years.
Any felony punishable by death or imprisonment in the state prison for life.
Any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm.
Attempted murder.
Assault with intent to commit r**e or robbery.
Assault with a deadly weapon or instrument on a peace officer.
Assault by a life prisoner on a non-inmate.
Assault with a deadly weapon by an inmate.
Arson.
Exploding a destructive device or any explosive with the intent to injure.
Exploding a destructive device or any explosive causing bodily injury, great bodily injury or mayhem.
Exploding a destructive device or any explosive with intent to murder.
Any burglary of the first degree.
Robbery or bank robbery.
Kidnapping.
Holding of a hostage by a person confined in a state prison.
Attempt to commit a felony punishable by death or imprisonment in the state prison for life.
Any felony in which the defendant personally used a dangerous or deadly weapon.
Selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any he**in, co***ne, phencyclidine (P*P), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code.
Any violation of subdivision (a) of Penal Code Section 289 where the act is accomplished against the victim's will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
Grand theft involving a firearm.
Carjacking.
A felony offense, which would also constitute a felony violation of Penal Code Section 186.22 (relating to criminal street gang sentencing enhancements).
Assault with the intent to commit mayhem, r**e, so**my, or oral copulation, in violation of Penal Code Section 220.
Assault with caustic chemicals, in violation of Penal Code Section 244.
Assault with a deadly weapon, firearm, machine gun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Penal Code Section 245.
Assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Penal Code Sections 245.2, 245.3, or 245.5.
Discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Penal Code Section 246.
Commission of r**e or s*xual pe*******on in concert with another person, in violation of Penal Code Section 264.1.
Continuous s*xual abuse of a child, in violation of Penal Code Section 288.5.
Shooting from a vehicle, in violation of subdivision (c) or (d) of Penal Code Section 26100 (relating to "drive-by" shootings).
Intimidation of victims or witnesses, in violation of Penal Code Section 136.1.
Criminal threats, in violation of Penal Code Section 422.
Any attempt to commit a "serious felony" other than an assault.
Any violation of Penal Code Section 12022.53.
A violation of subdivision (b) or (c) of Penal Code Section 11418 (relating to weapons of mass destruction).
Any conspiracy to commit a "serious felony."
Any violation of Penal Code Section 191.5, paragraph (1) of subdivision (c) of Section 192, subdivision (a), (b), or (c) of Section 192.5 of this code, or Section 2800.3, subdivision (b) of Section 23104, or Section 23153 of the Vehicle Code, when any of these offenses involve the personal infliction of great bodily injury on any person other than an accomplice, or the personal use of a dangerous or deadly weapon, within the meaning of paragraph (8) or (23) of subdivision (c) of PC Section 1192.7.

10/02/2019

You can not use gorilla tactics to see your grandchildren if you are at odds with the Custodial Parent - you must petition the court for reasonable visitation and obtain a court order.

However, the court must find that you, had a relationship with your grandchild. The court must find, from the evidence presented, that a “bond” existed between you and your grandchildren. As in all Family Law cases The goal here is to serve the “best interest of the child.” That goes for you parents too !

10/02/2019

Plea bargaining is very common in the Criminal Courts. More than 90% of convictions come from negotiated pleas, which means less than 10% of criminal cases end up in trials. One usually takes a Plea because they don't want to roll the dice and put their lives in the hands of the "box" -

A plea bargain is an agreement between a defendant and a prosecutor, the defendant agrees to plead guilty or "no contest" in exchange for an agreement by the prosecutor to drop one or more charges, reduce a charge to a less serious offense, or recommend to the judge a specific sentence acceptable to the defense.

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