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Signing a Contract

Re-Sentencing, Dismissals, and Expungements Clean Slate Laws

Penal Code Sections 1170(h); 1203.2;  and Prop. 1437


Our mission is to help our clients move forward with their lives after a conviction. We understand that a criminal record can be a massive roadblock to success and we are committed to helping our clients get the justice and closure they deserve.

Penal Code 1170

In 2011, due to overcrowding in the California prison system, the legislature passed a new law pursuant to PC 1170 permitting  Judges to suspend or split a prison sentence for some felonies to local jails and supervised release for sentences that would otherwise have been a State Prison term. All felony prison sentences are in triads, meaning there is a low term, mid term and high term of imprisonment for each specific charge.  Wobblers are felonies that could have been charged as misdemeanors.  Wobblers charged as felonies subject to a prison sentence  ranging from 16 months, 2 years and 3 years are now eligible for split sentences rather incarceration in State Prison.

Penal Code 1203.42

If you served a prison term before 2011 for a felony that now falls under "the Realignment Act," you may be eligible for dismissal under a new law. 

Penal Code section 1203.42, effective January 1, 2018, applies to you if you would have been sentenced to a County Jail Felony if Realignment had existed at the time of your conviction. The dismissal will be granted at the discretion of the court “in the interest of justice.” As with other dismissal remedies, in order to be eligible, you must not have any new charges pending, must not be serving a sentence on a new case, and must not be on probation for another case. In addition, at least two years must have passed since you finished your prison sentence.

Senate Bill 1437

Senate Bill 1437 was signed into law in 2018 and changed the law as to California’s felony murder.

A critical feature of SB 1437 is that it is retroactive, meaning it applies to defendants that were accused of felony murder under the old law. This means some persons accused of felony murder, under the old law, may petition to try and get a reduction in their sentence.

SB 1437 states that a person is eligible for a reduced sentence if three conditions are met. These are:

  1. the defendant was convicted of felony murder under a natural and probable consequences theory;

  2. the defendant was convicted of first- or second-degree murder; and,

  3. the defendant would not have been convicted of murder under California’s new felony murder law.

  • If you served a prison term before 2011 for a felony that now falls under "the Realignment Act," you may be eligible for dismissal under a new law. 

  • Penal Code section 1203.42, effective January 1, 2018, applies to you if you would have been sentenced to a County Jail Felony if Realignment had existed at the time of your conviction. The dismissal will be granted at the discretion of the court “in the interest of justice.”

  • As with other dismissal remedies, in order to be eligible, you must not have any new charges pending, must not be serving a sentence on a new case, and must not be on probation for another case. In addition, at least two years must have passed since you finished your prison sentence.

Gavel

What Is A Felony?

A felony is more serious than a misdemeanor. A conviction for a felony offense may often result in both voting rights and second amendment right to possess a firearm being revoked.

 

Felonies are either crimes against property, crimes against a person — or sometimes a combination of both.

 

For example, vandalism can be charged as a felony if the amount of damage exceeds $400.



  • Property crimes include embezzlement, fraud, theft, arson, and burglary.

  • Violent crimes include assault, battery, aggravated assault, robbery, carjacking, and murder.

  • Sex crimes include sexual assault, rape, prostitution, sex trafficking, pornography, and child molestation.

Court

Three Strikes and "You Are Out!"

 

California voters adopted the “three strikes” law in 1994.

 

These laws are designed for hibitual abusers

 

Proposition 36 passed in 2000 has resulted in the reduction of sentences for many prisoners. Our office can assist inmates to file motions with the court to reduce their sentences.

 

Enhancements are an added mandatory prison term for some serious felonies. Enhancements are common when a violent or serious felony involves gang activity, a drug crime or another form of organized crime. Our attorneys may be able to have the charges reduced and/or the enhancements stricken.

Proposition 57 Parole Consideration For Non-Violent Felons

The Public Safety and Rehabilitation Act of 2016 (Proposition 57) allows parole consideration for nonviolent felons after they have completed the full term of their primary offense.

 

Parole MAY be granted to inmates who have completed the full term for their primary offense and demonstrated that they should no longer be considered a current threat to public safety.

 

The new parole process began July 1, 2017.

 

Call our offices to assist with post-conviction remedies that may be available to you or a loved one.

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