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Posts Tagged ‘Probation’

Maryland Montgomery County Possession Cocaine Suspension Misconduct Probation Lawyers Attorney

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. BRUCE SCOTT GILBERT
COURT OF APPEALS OF MARYLAND
October 12, 1999, Filed

The attorney Grievance Commission of Maryland, the petitioner, by Bar Counsel, acting pursuant to Maryland Rule 16-709, filed a Petition for Disciplinary Action against Bruce Scott Gilbert, the respondent, alleging that he did engage in misconduct and charging violation of Rule 8.4 (b) and (d) of the Maryland Lawyers’ Rules of Professional Conduct. The Petition was referred, pursuant to Maryland Rule 16- 711(a), for hearing and to make finding of fact and conclusions of law. Following which the court concluded that “the Respondent engaged in criminal conduct involving the possession of cocaine in violation of Article 27, 287 of the Annotated Code of Maryland and that such conduct constitutes a violation of [Rule 8.4] of the Rules of Professional Conduct.” The conduct on which the conclusion was based is, as the court found, the petitioner’s plea of guilty to a charge of possession of crack cocaine, for which he was sentenced to a four year term of imprisonment, which was suspended in favor of three years of unsupervised probation with special conditions that he be monitored and abstain from the use of alcohol. Respondent appealed from the order.

Issue:
Whether appropriate sanction has been imposed on the defendant for conduct prejudicial to the administration of justice?

Discussion:
This court held that although it was not the defendants first contact with the criminal justice system as a defendant, this is the respondent’s first disciplinary proceeding. Moreover, so far as the record reveals, and certainly the petitioner has not alleged otherwise, this misconduct was not directly related to the practice of law. Furthermore, the respondent has made efforts to rehabilitate himself and to overcome his addiction. Under these circumstances, it is believed that the appropriate sanction to be imposed is suspension from the practice of law for thirty days. Upon his reinstatement, the petitioner shall be monitored by Richard Vincent, the Director of the Lawyer Counseling Service of the Maryland State Bar Association, who will submit reports to Bar Counsel on a schedule to be determined by Bar Counsel, and the petitioner shall participate in such rehabilitative activities as Mr. Vincent shall prescribe.

Conclusion:
This court hence affirms the order and suspends respondent from the practice of law for 30 days because this was the respondent’s first disciplinary proceeding, the misconduct was not directly related to the practice of law, and the respondent had made efforts to rehabilitate himself and overcome his addiction.

Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firms unofficial views of the Justices opinions. The original opinions should be consulted for their authoritative content

Atchuthan Sriskandarajah is a Virginia lawyer and owner of the SRIS Law Group. The SRIS Law Group has offices in Virginia, Maryland, Massachusetts, New York, North Carolina & California. The firm handles criminal/traffic defense, family law, immigration & bankruptcy cases.

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Question by Blah!: Will a middle school suspension go on my perament record?
I’m going to be suspended for one day for the stupidest thing. I don’t even get how it’s bad. But will it go on my record will I still be able to get into college?

Best answer:

Answer by JzBone
It’s no big deal. Don’t worry about it. The permanent record is pretty much a myth anyway.

Give your answer to this question below!
Klapisch: Melky Cabrera's suspension shows baseball is still dirty
Klapisch: Melky Cabrera's suspension shows baseball is still dirty. Thursday, August 16, 2012 Last updated: Thursday August 16, 2012, 12:04 PM. By BOB KLAPISCH RECORD COLUMNIST. Pages: 1 2 > display on one page | Print | E-mail. NEW YORK – Do yourself …
Read more on NorthJersey.com

JVC Everio GZ-MG20 20 GB Hard Disk Drive Camcorder w/25x Optical Zoom

JVC Everio GZ-MG20 20 GB Hard Disk Drive Camcorder w/25x Optical Zoom

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JVC Everio GZ-MG20US – Camcorder – 680 Kpix – optical zoom: 25 x – HDD : 20 GB
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California Early Termination of Probation and Conviction Expungement – Penal Code Section 1203.3

If you have been convicted of a crime in California, you or your legal representative may apply to have your conviction expunged under the California Penal Code Section if certain requirements are met.

If you have been granted probation and have not completed all the terms of your probation, you may still be eligible for expungement if your probation term is ended early pursuant to Penal Code Section 1203.3.

Why Should I Apply For Early Termination Of Probation?

Most people seek to apply for early termination of probation in order to have their criminal conviction expunged and set aside. There are a variety of reasons to have a criminal conviction expunged, such as when people apply for professional licenses in the State of California.

What Types of Convictions Are Not Eligible For Expungement?

Expungement depends on a variety of factors, including the nature of the offense, completion of probation, and whether jail time was required as a part of the sentence.  Some offenses are not eligible for expungement and include:conviction under

California Vehicle Code Section 42001(b) which includes sections 2800, 2801 and 2803; and
Penal Code Sections 261(d), 286(c), 288, 288a(c), 288.5 and 289(j).
Additionally, if you were convicted of an offense that resulted in a State Prison sentence, you will similarly not be eligible for expungement, but may be eligible for a Certificate of Rehabilitation from the California Board of Prisons and a pardon.

When Does Penal Code Section 1203.3 Apply?

Penal Code Section 1203.3 may be applied to for early termination of probation

You were convicted of a misdemeanor;
You were granted probation;
You completed your probation successfully to date;
You paid all of your fines; and
You otherwise completed the terms set forth by the Court.

What If You Had Problems Completing Probation?

If you had problems completing the terms your probation, applying for early termination of probation is probably not the best course of action, as your application will likely be denied. You may still try to apply for early termination and if your application is denied, you may apply again later when you have completed a larger portion of your probationary terms.

How To Apply For Early Termination Of Probation Under PC 1203.3?

You may apply for early termination of probation by contacting an attorney to prepare the documentation and file it for you, or you may go down to the courthouse where you received your conviction and ask for an early termination of probation packet. Make sure to have your case number and all of your personal information available to provide in the application. Certain fees and fines may apply and you may also apply for a fee wavier if you are unable to pay the fees.

What Is The Full Text Of Penal Code 1203.3?

(a) The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. The court may at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on

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