Jul
30
New California Immigration Law PC 1473.7 Extended to Trial Convictions
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.
Categories: Criminal Defense
Jun
29
California's New Law on Court Video Appearances in Criminal Cases AB-199
California enacted a new law effective July 1, 2022. This law addresses court video appearances in criminal matters AB 199. This bill extends the courts’ ability to allow defendants and witnesses in criminal proceedings to appear remotely under certain circumstances. AB 199 still requires the defendant’s consent, and the court still maintains the discretion to require the physical presence of any defendant or witness in a criminal proceeding.
Categories: Criminal Cases
Jun
12
AB 333: Redefining California Gang Enhancement with Changes in Definitions and Prosecution Process
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...
Categories: Criminal Defense
Apr
29
New Misdemeanor Diversion Law Doesn't Apply to California DUI's
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.
Categories: Criminal Defense, Criminal Cases
Apr
09
Probation Violations - AB 1228 Helps Widen Post-Release Freedoms with Own Recognizance Release
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.
Categories: Criminal Defense
Feb
27
3 New Mitigating Factors in Plea Bargaining for Survivors of Violence
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.
Categories: Criminal Defense
Feb
11
Have You Been Subjected to Misconduct from a Police Officer or Police Gang?
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.
Categories: Criminal Defense
Dec
30
Arson Charges Are Particularly Serious in California
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?
Categories: Criminal Defense
Nov
29
What to Do When You're Arrested for a DUI
An arrest for a DUI is a frightening and confusing experience, and most people lack knowledge about how to handle the situation. Everything you do and say matters, so it's essential to know your rights and be cognizant of your behavior and statements to the authorities. Read more for things you should be aware of.
Categories: DUI Defense
Nov
15
Is a Warrant Always Needed for an Arrest?
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.
Categories: Criminal Defense