A state licensing agency has the power to appear in criminal court to ask the judge to suspend a defendant’s license while the criminal case is pending, as a condition of bail. This request is made under Penal Code section 23, usually at the first court appearance (the arraignment) or early in the criminal
For Attorneys
Court of Appeal Holds that a Dismissed Conviction Cannot Be Used to Discipline a Real Estate License
By Fredrick Ray on
Posted in For Attorneys
The Third District Court of Appeal in the case of Ryan-Lanigan v. Bureau of Real Estate (Third Dist. App. Ct. No. C066848) has held that where a judge dismissed a conviction "in the interests of justice," the Bureau of Real Estate cannot use that conviction to discipline a licensee under Business and Professions Code section…
Whether Being Initially Charged with a Felony Under California Law Is “Charged” for Purposes of the MU4
By Fredrick Ray on
Posted in For Attorneys
In California, a criminal defendant can be initially "charged" with a felony although no probable cause determination has been made. This raises an issue concerning the precise meaning question F(2) on Form MU4, required for registry with the Nationwide Mortgage Licensing System (NMLS), which asks, “Are there pending charges against you for any felony?”
The…