Orange County Criminal Defense Attorney https://ferrentinolaw.com Over 20 years of experience as Orange County criminal defense attorney | Court of Appeals & felony charges Tue, 10 Mar 2020 21:17:24 +0000 en-US hourly 1 https://wordpress.org/?v=5.3.2 https://ferrentinolaw.com/wp-content/uploads/2018/07/cropped-social-share-banner-32x32.jpg Orange County Criminal Defense Attorney https://ferrentinolaw.com 32 32 Penal Code 1473.7 PC – Motion to Vacate Judgment https://ferrentinolaw.com/2020/03/09/penal-code-1473-7/ https://ferrentinolaw.com/2020/03/09/penal-code-1473-7/#respond Mon, 09 Mar 2020 18:47:12 +0000 https://ferrentinolaw.com/?p=1692 The post Penal Code 1473.7 PC – Motion to Vacate Judgment appeared first on Orange County Criminal Defense Attorney.

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Vacating Criminal Convictions and Immigration Law

Under California Penal Code 1473.7 PC, people who have received a conviction and are no longer in criminal custody can file a motion to vacate a judgment in a criminal case. The motion can be based on two instances, predjudicial error or newly discovered evidence demonstrating actual innocence.

Under prejudicial error, it must be found that the defendant’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere (“no contest”).

On January 1, 2017, Penal Code § 1473.7 came into effect. Previously, a conviction or sentencing could not be challenged once the convicted person was released. When someone is in custody–either jail, prison, probation or parole–a writ of habeas corpus is permissible in challenging the prior rulings of the case. Prior to PC 1473.7, there was no means of going back to erase a criminal conviction, regardless of whether the defedant understood immigration implications of a plea agreement or if the key witness(es) recant testimony.

 

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Securing Acquittal on Federal Charges of Conspiracy to Commit Mortgage Fraud https://ferrentinolaw.com/2020/03/07/securing-acquittal-on-federal-charges-of-conspiracy-to-commit-mortgage-fraud/ https://ferrentinolaw.com/2020/03/07/securing-acquittal-on-federal-charges-of-conspiracy-to-commit-mortgage-fraud/#respond Sun, 08 Mar 2020 03:18:24 +0000 https://ferrentinolaw.com/?p=1671 The post Securing Acquittal on Federal Charges of Conspiracy to Commit Mortgage Fraud appeared first on Orange County Criminal Defense Attorney.

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US v Damon Carriger

In 2014, Carriger was charged with 24 counts of fraud in a federal indictment alleging he and three other defendants conspired to defraud distressed homeowners after the housing bubble burst in 2007-2008 by offering mortgage modification services. Two defendants plead guilty and cooperated against Carriger. At the first jury trial in 2019, the government dismissed 14 counts of mail fraud, the jury acquitted him of 9 counts and deadlocked on one count of conspiracy to commit mail fraud. The other defendant was
convicted of all charges.

At re-trial in February 2020, Attorney’s Correen Ferrentino and Julie Goerlinger obtained a not guilty jury verdict on the one remaining count of conspiracy. Mr Carriger walked out of court acquitted of all charges after a 6 year battle with the federal government to prove his innocence and clear his name. The evidence in both trials showed he was an employee who cared about his clients, worked hard and was a successful salesperson. That success the government tried to spin as his efforts to assist the owners in defrauding homeowners. The government failed to convince jurors this was true. But the stress of this battle took a tremendous toll on Mr Carriger and his family’s health and well being and his ability to work. He looks forward to returning to focusing on his wife and children, his health and finding a new industry in which to gain employment.

 

National Increases in Mortgage Fraud Charges

Mortgage Fraud is a general category within which numerous other types of fraud are defined: Insurance fraud, mail fraud, employment fraud, appraisal fraud and more. It may be perpetrated by participants in a loan transaction, where those facing charges could be the borrower (a loan officer originating the mortgage), an appraiser, escrow representative or even multiple parties in more complex cases.

In June 2008, the mortgage fraud caseload for the FBI was found to have doubled in the past three years to more than 1,400 pending cases, as indicated by the FBI in this informational release.
https://www.fbi.gov/page2/june08/malicious_mortgage061908.html

Additionally, in May 2009, the Fraud Enforcement and Recovery Act of 2009, or FERA, Pub.L. 111–21, 123 Stat. 1617, S. 386, public law in the United States, was enacted. The law takes a number of steps to enhance criminal enforcement of federal fraud laws, particularly involving financial institutions, mortgage fraud, and securities fraud or commodities fraud. More information on the increasing prosecution of mortgage fraud can be found here. https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=111&session=1&vote=00170

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Court of Appeals Publishes Opinion Regarding Ferrentino & Associates’ Case https://ferrentinolaw.com/2020/01/29/court-of-appeals-opinion/ Wed, 29 Jan 2020 21:01:57 +0000 https://ferrentinolaw.com/?p=1550 We are pleased to announce our recent work in an important Habeas Corpus case resulted in the Court of Appeals published opinion recognizing the broad powers of the trial courts to resolve issues related to habeas corpus proceedings, including re-sentencing.

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Writ of Habeas Corpus & Setting Precedence in the California Courts

We are pleased to announce our recent success in an important Habeas Corpus case resulted in a Court of Appeals published opinion recognizing the broad powers of the trial courts to resolve issues related to habeas corpus proceedings, including re-sentencing.

Our client, Mr. Duval, failed to appear in court for sentencing, where he expected to receive a 2 year negotiated sentence. He was then sentenced by the court to 10 years in absentia. When he appeared the next court day, he explained to his attorney that he had been extremely ill and was physically unable to appear in court.  Although the court re-sentenced him to five years for appearing one court day later, his attorney failed to present any evidence that Duval’s failure to appear in court was not willful.  Arguing such a point could have secured the original 2 year sentence.  This is where we came in to help resolve the issue.

We filed a petition for writ of Habeas Corpus on his behalf in the Court of Appeals which was also denied. Finally, after filing a petition for review, the  California Supreme Court granted review and ordered the case returned to the lower court for an order to show cause why the writ of habeas corpus should not be granted. Prior to the hearing in the trial court, the district attorney’s office failed to file a return or objection to the habeas petition.  During the hearing, the court noted this failure, granted the relief in the petition and re-sentenced Duval to credit time served which was a little over 4 years by this time.

The DA appealed but the Court of Appeals, in a published decision, found it fatal to the DA’s position that it did not file a return objecting to the claims in the petition for writ of habeas corpus.  Additionally, the Court of Appeals found that the trial court has broad powers to vacate the defendant’s previously imposed sentence and re-sentence him in the manner it did. Ultimately, the court affirmed the trial court’s granting of the petition and re-sentencing.

We pride ourselves on our commitment to each client’s case.  Get the help you need today.

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Post Conviction Relief for Immigration Related Consequences https://ferrentinolaw.com/2020/01/22/post-conviction-relief-for-immigration-related-consequences/ https://ferrentinolaw.com/2020/01/22/post-conviction-relief-for-immigration-related-consequences/#respond Wed, 22 Jan 2020 07:28:47 +0000 https://ferrentinolaw.com/?p=1487 The post Post Conviction Relief for Immigration Related Consequences appeared first on Orange County Criminal Defense Attorney.

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Ashley Daniel DUI lawyer dismissals

Immigration Law: Correen Ferrentino Secures Successful Case Dismissal

Ferrentino & Associates won a motion to vacate possession for sale of marijuana and meth amphetamine last week.  The court vacated the conviction and the district attorney agreed to dismiss the charges. Attorneys Correen Ferrentino and Julie Goerlinger provided substantial mitigation and evidence suggesting the client was actually innocent to the prosecution and the court which ultimately impacted the prosecutors decision to dismiss the case after the conviction was reversed, despite the case only being three years old. The client can now move to terminate his immigration case, remain a legal permanent resident and eventually seek citizenship.

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December Dismissals https://ferrentinolaw.com/2019/12/19/december-dismissals/ https://ferrentinolaw.com/2019/12/19/december-dismissals/#respond Thu, 19 Dec 2019 22:08:38 +0000 https://ferrentinolaw.com/?p=1350 The post December Dismissals appeared first on Orange County Criminal Defense Attorney.

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Ashley Daniel DUI lawyer dismissals

DUI Dismissal Obtained by Ashley Daniel,

of Counsel at Ferrentino & Associates, at the West Justice Center in December 2019.  He convinced the prosecutor he could not prove the case beyond a reasonable doubt based on the evidence without having to put the client through a trial.

Attorney Correen Ferrentino obtained a dismissal in a case where the client was charged with assault and battery against a police officer, and in a separate matter where the client was charged with child neglect.  Both clients suffered from a mental health illness.  After presenting this mitigating evidence and suggesting the clients obtain counseling and treatment, the prosecutor agreed to the dismissals.

If you or a loved one needs legal help, don’t hesitate to contact our firm.  We have a highly reviewed record of success in defending our clients in cases of fraud, DUI, child endangerment, the Court of Appeals and more.  Now is the time to start your legal defense.

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Motion for a New Trial Received: Correen Ferrentino, Superior Court https://ferrentinolaw.com/2019/12/19/judge-grants-new-trial-for-convicted-former-saddleback-youth-mentor/ https://ferrentinolaw.com/2019/12/19/judge-grants-new-trial-for-convicted-former-saddleback-youth-mentor/#respond Thu, 19 Dec 2019 21:47:47 +0000 https://ferrentinolaw.com/?p=1302 The post Motion for a New Trial Received: Correen Ferrentino, Superior Court appeared first on Orange County Criminal Defense Attorney.

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Securing Motion for New Trial, Orange County Superior Court

We successfully obtain a motion for a new trial in Orange County Superior Court in the case of a client who had already received a conviction.  He was convicted August of last year and now, due to our efforts, will return to court next Friday for a pretrial hearing to discuss a new trial.  Our client has gotten a second chance at freedom.

The following is an excerpt from the NBC article written about our case:

“Brian Gurwitz served as the trial attorney for the defendant. After the conviction, attorney Correen Ferrentino was retained to present a motion for new trial, which she filed, then argued on Nov. 18. The court took the matter under submission and issued its ruling Friday, granting the motion. The defense’s argument was that one of the jurors improperly shared information about psychiatric testing of subjects in criminal trials.”

Get the legal help you deserve. Contact Ferrentino & Associates to speak with a professional and begin building your defense before it’s too late. 

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OC Weekly Best Lawyer 2019 https://ferrentinolaw.com/2019/10/31/oc-weekly-best-lawyer-2019/ https://ferrentinolaw.com/2019/10/31/oc-weekly-best-lawyer-2019/#respond Thu, 31 Oct 2019 21:44:36 +0000 https://ferrentinolaw.com/?p=1276 The post OC Weekly Best Lawyer 2019 appeared first on Orange County Criminal Defense Attorney.

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Correen Ferrentino OC Weekly Best Lawyer

OC Weekly recognizes and endorses Correen Ferrentino as Best Lawyer 2019.

Here’s what they have to say about us:

“Correen Ferrentino is among the most competent private attorneys in the area. Ferrentino excels at plotting wise trial strategies, writing groundbreaking motions and swaying juries…”

“In People v. James Toledano, Ferrentino convinced the California Court of Appeal to abandon its prior support of an extortion conviction and call for a new trial, a feat rarely seen in the state.”

“Few, if any of her colleagues, have accomplished more this year alone…”

If you or a loved one is in need of legal counsel, get help from an experienced professional.  Call Ferrentino & Associates to build your defense (714) 973-2024

 

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2019 National Trial Lawyers Nomination: Correen Ferrentino https://ferrentinolaw.com/2019/09/14/national-trial-lawyers-2019/ https://ferrentinolaw.com/2019/09/14/national-trial-lawyers-2019/#respond Sat, 14 Sep 2019 16:55:58 +0000 https://ferrentinolaw.com/?p=1253 The post 2019 National Trial Lawyers Nomination: Correen Ferrentino appeared first on Orange County Criminal Defense Attorney.

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Correen Ferrentino Nominated 2019 Top 100 California Lawyer by National Trial Lawyers

It is with great honor that we finish the year 2019 in receiving another nomination.  We continue to work hard for our clients’ freedoms and maintain a record of success.

National Trial Lawyers has identified Correen Ferrentino as one of the top 100 Criminal Defense attorneys in California.  Only a select few of the most qualified trial attorneys from each state receive invitations to join this exclusive organization regulated by objective and uniformly applied standards.

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Correen Ferrentino Achieves Best Lawyers 2020 by 100% Peer Review https://ferrentinolaw.com/2019/08/24/correen-ferrentino-achieves-best-lawyers-2020-by-100-peer-review/ https://ferrentinolaw.com/2019/08/24/correen-ferrentino-achieves-best-lawyers-2020-by-100-peer-review/#respond Sat, 24 Aug 2019 19:58:24 +0000 https://ferrentinolaw.com/?p=1246 The post Correen Ferrentino Achieves Best Lawyers 2020 by 100% Peer Review appeared first on Orange County Criminal Defense Attorney.

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It is with great honor that Ferrentino & Associates announces the inclusion of attorney Correen Ferrentino in the 26th Edition of The Best Lawyers of America for exceptional work in Criminal Defense.  This selection by our peers is incredibly meaningful, as it illustrates both the firm’s relevance in Criminal Defense, as well as our recognition nationwide.  Best Lawyers is the longest standing and most respected peer review publication in the legal profession. The list of Best Lawyer’s outstanding lawyers is produced through extensive and exhaustive peer review surveys with tens of thousands of leading lawyers who confidentially evaluate their professional peers.  To continue to receive recognition, lawyers must maintain votes in following polls for each edition. There is in no way the ability to pay a fee to participate or be recognized by Best Lawyers.

Of the total 8.3 million reviewed, less than 1% garnered of lawyers garnered enough votes to qualify and be included in the 26th edition of Best Lawyers.

To receive this endorsement among millions and millions of other lawyers whom had been considered is a fantastic milestone for our firm.

Our official Best Lawyers 2020 badge is coming soon!

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Juvenile Client, Convicted of murder facing 40 years to life, Released after 2 years in juvenile facility https://ferrentinolaw.com/2019/08/21/convicted-of-murder-order-released-from-prison/ https://ferrentinolaw.com/2019/08/21/convicted-of-murder-order-released-from-prison/#respond Wed, 21 Aug 2019 17:19:47 +0000 https://ferrentinolaw.com/?p=1237 The post Juvenile Client, Convicted of murder facing 40 years to life, Released after 2 years in juvenile facility appeared first on Orange County Criminal Defense Attorney.

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Our client was convicted of Murder, who was unarmed in the ninth car in a drive by shooting when he was 17 was tried as an adult and facing 40-year to life. This week he has gotten his life back and was ordered released from custody after attorney Correen Ferrentino successfully argued at his previous hearing that his case should remain in juvenile court and he should be sentenced to 2 years in a juvenile facility. The client preformed exceptionally well in custody and earned a certificate as a firefighter. He hopes to go on to become an architect. We not only celebrate our client’s release but his willingness to avail himself of this second chance.

If you need legal help, contact us today (714)973-2420

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