The Law Office Of Alicia C. Freeze, APC The Law Office of Alicia C. Freeze, APC 2026-08-21T09:05:35Z https://www.sandiegolegalpractice.com/feed/atom/ WordPress /wp-content/uploads/sites/1504843/2021/10/fav-75x75.png On Behalf of The Law Office of Alicia C. Freeze, APC <![CDATA[2 ways to pursue post-conviction relief as a gun owner]]> https://www.sandiegolegalpractice.com/?p=47756 2026-08-18T09:06:14Z 2026-08-21T09:05:35Z 1. Determine whether you qualify for record clearing California offers several forms of post-conviction relief, but each has a different purpose. The best option depends on the type of conviction, your sentence and your criminal history. You may qualify for relief such as:
  • A petition to dismiss a conviction
  • A Certificate of Rehabilitation
  • A petition for a writ of habeas corpus in appropriate cases
One important point to remember is that an expungement does not restore firearm rights in California by itself. While it may improve employment opportunities and provide other benefits, firearm restrictions generally remain in place.

2. Explore whether you can restore your firearm rights

Restoring firearm rights in California is a separate legal process from clearing a criminal record. Depending on the unique markings of your case, potential avenues may include:
  • Reducing a qualifying felony to a misdemeanor for wobbler offense
  • Applying for a Certificate of Rehabilitation when eligible
  • Seeking a Governor's pardon
  • Challenging an unlawful conviction through post-conviction proceedings
Even if California restores certain rights, federal firearm laws may still apply. For that reason, it is important to evaluate both state and federal restrictions with the help of a legal professional before attempting to purchase or possess a firearm if you have ever been subject to gun-related possession or ownership restrictions as a result of a criminal convication.]]> On Behalf of The Law Office of Alicia C. Freeze, APC <![CDATA[What is a search warrant?]]> https://www.sandiegolegalpractice.com/?p=47755 2026-07-30T11:49:35Z 2026-08-04T11:48:27Z search warrant can and cannot do.

When can the police lawfully perform a search?

Law enforcement cannot receive a search warrant for just any reason. The police must obtain a search warrant from a judge. However, a judge requires probable cause. Probable cause is the reasonable belief to conclude that a crime has been committed and that evidence will be found if a search warrant is permitted. A search warrant typically does not give the police the power to search wherever or whenever. A warrant has specific conditions on when and where the police can perform a search. For example, the police may be permitted to search a house but not a detached garage. Furthermore, searches often must be done before a warrant expires. The police can conduct searches without search warrants, but only under very specific circumstances. For example, a person may give law enforcement permission to conduct a search. Or the police may collect evidence in plain view or during an arrest.

What happens if a search has violated your rights?

If a warrant is not properly obtained, or its terms are not honored, a search may be conducted illegally. Evidence collected illegally may be dismissed in court under the fruit of the poisonous tree doctrine. The fruit of the poisonous tree doctrine is just one of the ways defendants can avoid criminal convictions. Professional legal guidance can help people fight criminal charges accordingly.]]> On Behalf of The Law Office of Alicia C. Freeze, APC <![CDATA[How long must California residents wait for expungement?]]> https://www.sandiegolegalpractice.com/?p=47753 2026-07-16T12:32:05Z 2026-07-16T12:32:05Z The offense determines the waiting period There are different rules for expungement depending on the severity of the offense. The more significant the criminal accusation and the greater the risk to the public, the longer people must go without reoffending to be eligible for expungement. If the sentence was for probation, people can apply for expungement the day after their probation ends. Those with misdemeanor convictions who did not receive a sentence of probation may be eligible for expungement a year from the date of their convictions. For those with felonies that led to a state prison sentence, people must wait four years after serving their sentences to be eligible for expungement. Those hoping to expunge prior records or pursue other forms of post-conviction relief may need support from a legal professional. Reviewing criminal records with an attorney can help those hoping to expunge a record determine if they are eligible, and how much longer they must wait to seal a prior record.]]> On Behalf of The Law Office of Alicia C. Freeze, APC <![CDATA[Is there a duty to retreat in California?]]> https://www.sandiegolegalpractice.com/?p=47751 2026-07-02T13:40:44Z 2026-07-07T13:39:45Z No, California is not one of the U.S. states with a duty to retreat law. This means that there is no legal obligation for someone to retreat from an encounter as long as they are in a location where they are legally allowed to be. In some cases, this may just mean that the person is in public. In many cases, it means that they are in their home or residence. If they face a physical threat from another individual, they can exercise their right to self-defense without the need to first seek a way to avoid the confrontation.

Does this include deadly force?

Yes, there are situations in which an individual can use deadly force to defend themselves, as long as a reasonable person would conclude that it was a prudent response and that they had a genuine fear of death or great bodily injury. For example, if someone breaks into your home, you may be allowed to use deadly force to defend yourself or your loved ones. You can still use self-defense to justify these actions, and there is no need to retreat from your home just to avoid the confrontation. That said, deadly force cannot be used in all situations. It could still be seen as an unnecessary escalation of violence in cases where you did not genuinely fear for your own life. The force used to protect yourself must be relatively similar to the force being used against you or the threat that you face. You may find yourself facing charges for assault or related violent crimes when you believe you were just exercising your right to self-defense. In a situation like this, it is imperative that you understand all of your criminal defense options.  ]]> On Behalf of The Law Office of Alicia C. Freeze, APC <![CDATA[What, exactly, is wire fraud?]]> https://www.sandiegolegalpractice.com/?p=47707 2026-06-17T17:57:43Z 2026-06-17T17:57:43Z Many people have heard the term "wire fraud" in news reports involving federal criminal cases, but few understand what the charge actually means. Despite the name, unlawful wire fraud is not limited to complicated financial schemes or large corporations. It is a broad federal offense that can occur in a wide variety of situations involving electronic communications. At its core, wire fraud generally involves an alleged scheme to obtain money, property or something of value through false or fraudulent representations, combined with the use of interstate electronic communications. The "wire" portion of the offense refers to communications that travel through electronic systems such as telephone networks, the internet or other forms of electronic transmission.

How wire fraud offenses typically play out 

In today's world, many ordinary activities involve interstate electronic communications. Sending an email, making a phone call, transferring funds electronically, submitting online forms or communicating through certain digital platforms may potentially satisfy the communication element of a wire fraud allegation. Because electronic communications routinely cross state lines, federal authorities often have jurisdiction over these cases. Examples of conduct that may lead to wire fraud allegations include investment scams, fraudulent business transactions, online sales schemes, phishing operations, false loan applications and certain forms of insurance or healthcare fraud. However, the existence of a failed business deal or an inaccurate statement does not automatically mean wire fraud occurred.  In order to secure a conviction, prosecutors generally must prove more than a simple mistake or misunderstanding. Federal prosecutors typically must show that the accused knowingly participated in a scheme to deceive others. Negligence, poor judgment or an honest error may not satisfy the government's burden of proof. Because wire fraud statutes are broad and federal investigations can move quickly, anyone who learns they are under investigation should take the matter seriously. Speaking with an experienced criminal defense legal team is an ideal way to get started. ]]> On Behalf of The Law Office of Alicia C. Freeze, APC <![CDATA[Do you have to sell your shared business during divorce?]]> https://www.sandiegolegalpractice.com/?p=47709 2026-05-21T18:20:30Z 2026-05-21T18:20:30Z You and your spouse are joint business owners, and you have been working together for years. However, your spouse recently filed for divorce, and now you are wondering what that is going to mean for the future of your business. Because the business is a marital asset, one tactic people sometimes use is to sell the company. They then take the proceeds from that sale, pay off any outstanding financial obligations and split up the money that remains. This is one of the most straightforward ways to address marital property division, but it is certainly not your only option.

Trading other assets

For instance, maybe you want to keep the business, but your spouse is willing to leave. You can then buy out their share in the company and become the sole owner. One way to do this is to give up other marital assets. Say that the two of you have retirement savings with roughly the same value as the business. You could keep the company but give up a claim to the retirement fund, which your ex keeps. This way, you have still properly divided assets overall, and you become the sole business owner.

Working together

Finally, do not forget that you and your spouse can continue to work together, even after the divorce.  This is not for everyone. It often depends on whether you are on good terms or if it is a high-conflict divorce. But there are certainly divorced couples who simply draft an official partnership agreement and continue working as business partners long after their marriage has come to an end. No matter what tactic you decide is right in your situation, a divorce involving a business can be more complex, and it is critical that you understand your legal options.  ]]> On Behalf of The Law Office of Alicia C. Freeze, APC <![CDATA[How do you use your right to remain silent in California?]]> https://www.sandiegolegalpractice.com/?p=47710 2026-05-07T13:18:48Z 2026-05-07T13:18:48Z When exercising your right to remain silent in California, it is best to clearly state your intention out loud. If a police officer is questioning you during or after an arrest, simply inform them that you would like to use your right to remain silent. You do not have to explain why you are choosing to do so, and exercising this right does not incriminate you or imply guilt. You also have a right to an attorney, so you can sometimes combine the two requests. For example, you could tell the police that you are not going to answer any questions without your attorney present. This should put an end to the interrogation until you can speak with legal counsel and decide on the best course of action.

Why is your right to remain silent important?

Exercising your right to remain silent is important because it can bring the questioning or interrogation to an end. If you simply stay quiet without clearly invoking the right, police officers may continue asking questions in the hope that you eventually begin talking. Clearly stating your intentions out loud helps protect your rights. In a general sense, the right to remain silent is crucial because anything you say can potentially be used against you if charges are filed and the case goes to trial. People sometimes try to talk their way out of an arrest and accidentally say something that makes them appear guilty, even if they are not. These mistakes can make the situation far more complicated, which is why it is often best to say nothing at all. After an arrest, you can work with your attorney to carefully consider all of your legal defense options based on the charges you face.  ]]> On Behalf of The Law Office of Alicia C. Freeze, APC <![CDATA[How drug courts help adults accused of criminal offenses]]> https://www.sandiegolegalpractice.com/?p=47711 2026-04-21T03:17:27Z 2026-04-21T03:17:27Z Drug court helps address addiction The drug courts are different from the standard criminal courts because they specifically focus on oversight to facilitate rehabilitation. Defendants with verifiable substance abuse disorders may be eligible for drug court proceedings that require treatment and submission to regular drug tests. The goal is to achieve and sustain sobriety. Every county has its own drug court requirements. In San Diego County, drug court proceedings typically last at least 18 months. Only non-violent offenders are eligible. The requirements may include group and individual therapy, residential treatment programs and case management through the courts. The program can result in the dismissal of drug charges for some defendants. Having experienced legal guidance after a drug-related arrest can help people understand their options. Adults facing drug charges and addiction-related offenses in California may sometimes be eligible for drug court proceedings that help them address their substance abuse issues and improve their circumstances.]]> On Behalf of The Law Office of Alicia C. Freeze, APC <![CDATA[Using the exclusionary rule to weaken a prosecutor’s case]]> https://www.sandiegolegalpractice.com/?p=47712 2026-04-06T10:55:32Z 2026-04-06T10:55:32Z Improper police conduct can lead to useless evidence The Fourth Amendment protects people from unreasonable searches and seizures of their property. Police officers must uphold the rights of everyone, even those they suspect of criminal activity. When criminal defendants can show that police officers violated their rights or conducted an illegal search, that misconduct can provide grounds to suppress or exclude that evidence. An attorney who demonstrates to the courts that the collection of evidence violated the law or the rights of a defendant can ask the courts to prevent the prosecutor from presenting that ill-gotten evidence during the trial. Looking at every possible solution for pending criminal charges can help people who want to avoid convictions. Evidence suppression is one of several tactics that can help weaken the state's case.]]> On Behalf of The Law Office of Alicia C. Freeze, APC <![CDATA[How much impact does proof of fault have on California divorce?]]> https://www.sandiegolegalpractice.com/?p=47713 2026-03-20T01:18:40Z 2026-03-20T01:18:40Z California is a pure no-fault state Some states allow spouses to file fault-based divorces if there is proof of qualifying grounds, such as adultery or abandonment. California was the first state to adopt a no-fault divorce law and remains a pure no-fault state. The family courts do not hear fault-based divorce cases. They generally do not consider marital misconduct when making decisions regarding the distribution of marital property, alimony or the allocation of parenting time. There are limited exceptions to this general rule. In cases involving substance abuse or domestic violence, proof of misconduct could influence what the courts view as appropriate for child custody arrangements. If there is evidence of intentional financial misconduct during the divorce, that could alter how the courts divide property or assign responsibility for debts. For many people preparing for divorce, spending time and possibly money trying to gather proof of marital misconduct is typically an investment that does not yield any valuable returns. Discussing what led to a divorce filing with an experienced legal professional can help spouses determine if submitting proof of fault is worthwhile in their case.]]>