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December

30

New Changes for California Mental Health Diversion Statute Starting Jan 2023

Criminal Defense

California's Mental Health Diversion pretrial program has significant new changes starting January 2023 with Senate Bill 1223.

December

30

California Ends Loitering for Prostitution Law

Criminal Defense

Effective January 1, 2023, Senate Bill 357, the Safer Streets for All Act, went into effect eliminating from the law books the crime of loitering in a public place with the intent to commit prostitution in California. If you feel you have been unfairly profiled by a police officer with the intent to engage in prostitution in California, it is important to take into consideration Senate Bill 357 and review the circumstances involved.

November

13

Domestic Violence Emergency Protective Orders and Form EPO-001

Criminal Defense

Emergency Protective Orders are the initial order given by law enforcement on the scene when there is a domestic violence incident. If you have been charged with domestic violence in California, please contact us at once for a free consultation. It is imperative to know and follow all boundaries of the orders that have been placed against you and all parties involved.

September

14

Mental Health Diversion Available Before Sentencing or Start of the Trial?

Criminal Defense

Mental health diversion is a pretrial program in California that diverts individuals from the criminal justice system into mental health treatment in lieu of facing a criminal trial or conviction. This is an alternative, created for individuals where mental health played a significant part in their alleged crime. However, is it available after the entry of a guilty/no contest plea or the commencement of trial?

July

30

New California Immigration Law PC 1473.7 Extended to Trial Convictions

Criminal Defense

New California law AB 1259 which extends PC 1473.3 to trial convictions, was effective as of January 1, 2022. This expands access to post-conviction relief. PC 1473.3 allows people who were convicted by plea bargain to request that the court vacate their conviction if they were not informed of the immigration consequences of their conviction. AB 1259 extends PC 1473.3 to additional defendants, including those convicted by jury trial.

June

12

AB 333: Redefining California Gang Enhancement with Changes in Definitions and Prosecution Process

Criminal Defense

AB 333 makes changes to current law that will reduce gang enhancements, and can possibly reduce the sentences of current inmates with gang enhancements. Amending Section 186.22 and adding Section 1109 to the Penal Code relating to criminal gangs, AB 333 makes several important changes to the law. Read more...

April

29

New Misdemeanor Diversion Law Doesn't Apply to California DUI's

Criminal Defense

New misdemeanor diversion law doesn't apply to California DUI's, it is found after confusion. Prosecutors argued instead that an existing state Vehicle Code provision forbids diversion for driving under the influence of alcohol or drugs. Regardless if it’s a DUI or any charge, if you have been charged with a misdemeanor and think you may be eligible for Diversion, please contact us at once for a free consultation.

April

09

Probation Violations - AB 1228 Helps Widen Post-Release Freedoms with Own Recognizance Release

Criminal Defense

Many newly released prisoners stay out of prison only at the whim of judges and probation officers. Individuals can lose their freedom on a technicality. However, AB 1228, a newly-enacted law, makes it harder to revoke their freedoms and take them back to prison.

February

27

3 New Mitigating Factors in Plea Bargaining for Survivors of Violence

Criminal Defense

Have you been charged or convicted with a crime, but are a survivor of violence? You may be eligible for a plea bargain or resentencing, that considers your status as a victim of violence. This violence can be psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.

February

11

Have You Been Subjected to Misconduct from a Police Officer or Police Gang?

Criminal Defense

Being subjected to misconduct from a Police Officer or Police Gang? Bill AB 958 states that it will define law enforcement gangs and officers, require law enforcement agencies to have a policy prohibiting law enforcement gangs, and make participation grounds for termination. Read more to find out how we can help if you have been subjected to misconduct.

December

30

Arson Charges Are Particularly Serious in California

Criminal Defense

Accused Of Arson? Arson charges are dependent on the accused perpetrator's intent. Did you mean to start a fire, or was it an accident? Did you intend to burn down a garage or an entire neighborhood? Did you intend to hurt anyone?

November

15

Is a Warrant Always Needed for an Arrest?

Criminal Defense

There may be times when you're not sure whether the police have arrested you in a lawful way. Don't the police always need a warrant to make an arrest? Can they arrest you without one? You may not be sure about the answer, and it might help you to know whether the police followed due process while arresting you.

February

27

Thousands of California Residents Accused of Unemployment Fraud During Current Crisis

Criminal Defense

Unemployment benefits skyrocketed as soon as the coronavirus made itself known. Many states, including California, are finding out that they gave out millions of dollars in benefits that they have now decided to revoke. Some authorities in California are saying that mass unemployment fraud has been committed.

February

21

New Extensive Expungement for California Inmate Firefighters

Criminal Defense

Those who have felony convictions know all too well just how life-altering that conviction can be. The negative impacts of a felony record are far-reaching. However, there is hope for some California felons to have convictions expunged. Thanks to a new law, AB 2147, inmates who put their lives on the line as part of the California prisoner wildfire fighter program are now eligible for a dramatic expungement that has a far-reaching impact.

February

07

How Do Competent Criminal Defense Lawyers Win your Case?

Criminal Defense

Are you facing criminal charges that could attract a hefty fine or imprisonment? A competent criminal lawyer can help to mitigate or negate the charges you are facing. Experienced Defense Lawyers understand that no criminal case is like another; they spot unique aspects of your case and use tactics to safeguard your rights and interests. Read more to find out how.

December

30

Get A Misdemeanor Charge Dismissed Through AB 3234- California's New Diversion Law

Criminal Defense

There's some good news for many Californians facing criminal misdemeanor charges. As of January 1, 2021, Assembly Bill 3234 is now an active law. A primary provision in this bill means California judges can now offer a pretrial diversion in a qualifying misdemeanor case even when the prosecuting attorney objects to the offering. This can be a great tool for experienced lawyers to help clients avoid criminal convictions.

September

29

California Laws Changing to Prosecute False 911 Calls As Hate Crimes

Criminal Defense

We have all seen the videos and heard the recordings of people who were caught saying or doing something the public sees as racist. Many of these individuals are not only shamed and embarrassed, but they can lose their careers and personal relationships based upon their behavior. But what happens if someone accuses you of a crime that you didn't commit because of their racial biases? What if there is no video to prove your innocence? If you’ve been accused of a crime in this area, you speak to an experienced criminal lawyer who can help you sort out the truth.

June

29

Contact a Top-Notch Criminal Lawyer to Combat False Child Abuse Claims

Criminal Defense

Michael E. Mitchell is an excellent attorney with proven results. He works tirelessly for his California Community. Contact us, immediately, if you have been wrongfully accused of any crime, and we will build a plan to clear your name and protect your children. Your initial consultation is free and without obligation. Come in and witness our dedication for yourselves.

June

21

Criminal Defense Tips during COVID-19

Criminal Defense

The COVID-19 pandemic has changed our lives radically; business closures, social distancing, and public health measures have all created a new normal for society. At Mitchell Law Group, we understand that going through criminal prosecution is already difficult on its own, let alone during a global health crisis. We've adapted our approach to ensure you still get the defense you need while staying safe, and we've compiled a list of tips so you can do so as well.

April

29

Accused of Assault During Quarantine? Fresno Criminal Attorney Can Help

Criminal Defense

Everyone argues. Tensions continue to rise when we cannot separate from each other to cool down and, sometimes, people continue to fight until the situation becomes volatile. It has become common knowledge that domestic assaults have increased in number due to current world events.

April

26

If I’m Arrested, do I have the Right to a Phone Call?

Criminal Defense

One of the most common questions I get, besides, they didn't read me my rights, is whether the police have to give you a phone call. The following is my public service announcement regarding this oft-requested information.

April

12

Accused Of Violating The Stay-At-Home Order In Fresno?

Criminal Defense

All nonessential businesses should be closed while banks and restaurants maintain their take-out and drive-thru operations. If you have been stopped and accused of nonessential travel when you had the right to be out of your home, a practiced and aggressive lawyer should be fighting by your side.

February

28

Veteran’s May Recall Their Sentences if Veteran Diversion was Not Considered

Criminal Defense

Many US veterans have received unfair treatment by the California judicial system and found that the judge did not take into consideration their mental capacity during sentencing. As of January 1st, 2015, California judges are required to consider the trauma and mental health issues of US veterans while sentencing them. Those who did not receive fair and ethical treatment during their sentencing may qualify for resentencing under California Penal Code 1170.91. To be eligible, a qualified veteran must fit specific criteria.

February

28

What to Expect When You’re Arrested

Criminal Defense

For most people getting arrested is not a common occurrence. What you've seen in the movies or television is likely all you have to base your expectations on. Rarely is Hollywood's portrayal of something a true-to-life depiction. So, what can you expect when you are arrested in the state of California?

February

16

Defend Your Rights: California Mental Health Diversion Law Requires Expert Help

Criminal Defense

Recently enacted, The Mental Health Diversion Law (PC 1001.36) allows for alternative sentencing and treatment under special circumstances. A written motion submitted by a well-qualified attorney is routinely opposed by the prosecution. Thus, when considering defense options in a misdemeanor or felony case, it is critical to use the expertise of a Lawyer.

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Criminal Defense