Legal Question in Constitutional Law in California
In 2001 I ran into a little trouble which resulted into a felony conviction of California health and safety code 11379(a). The order of events that took place would inevitably follow me wherever I now go. While I was in college, I was jogging to the gym on campus one night and on the way saw someone I thought looked like a former roommate of mine so I said hi. It turned out not to be her but we ended up talking for awhile. After awhile she said she wanted to hang out sometime, I agreed, and then she asked me if I could get some ecstasy for her. I liked her, and knew where I could get it so I did. As it turned out, she was an undercover police officer who had decided to arrest me as soon as I did this for her a couple of days later. This arrest eventually turned into a conviction, as I had pled guilty in order to avoid jail time. This was also necessary in order to avoid losing my bachelors degree in which I had worked so hard to achieve(the arrest took place at a Mexican food place which was off the campus yet was on property owned by the school). I do not condone my actions, especially being a veteran I should have known better. Yet still feel somewhat a victim in the scenario as the action was extremely out of character for me and to this day I am still being punished for it.
I applied for my Real Estate broker�s license a few years back and although the felony was expunged in 2003, I still had to disclose the conviction to state licensing. The procedure that followed because of this disclosure was hideous and took a couple of years. Even after going through this process my license was denied.
So here comes the question. Does the denial of my license and this process I had to go through to get my license constitute a double jeopardy scenario? I have to tell you this really feels like an endless punishment. The fact that I have been denied a career, which I worked so hard to get� it makes me sick every time I think about it.
4 Answers from Attorneys
Too bad you pled guilty.
I empathize, but I'm afraid this isn't double jeopardy. Double jeopardy involves being prosecuted a second time for the same offense. Applying for a real estate license is not a criminal prosecution.
The ban on double jeopardy protects you only from being prosecuted again. It does not protect you from the consequences of your conviction, even when those consequences are imposed by the government.
You may be able to get your license despite the DRE's intransigence, but not by arguing double jeopardy.
I wish I could be more encouraging.
Did you ever consider the argument that this was entrapment? I dont do criminal law, but would consider hiring an attorney if there may be a possibility, I can refer you to someone.
est,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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