PRACTICE AREAS

PRACTICE AREAS

New Law: Veterans Now Eligible for DUI Diversion

By michaelfannon • August 25, 2017
On August 7, 2017, Governor Brown signed SB 725 which amends Penal Code section 1001.80 regarding veteran’s diversion by adding subdivision (l) to take effect as urgency legislation. Subdivision (l) now states: “Notwithstanding any other law, including Section 23640 of the Vehicle Code, a misdemeanor offense for which a defendant may be placed in a [..] The post New Law: Veterans Now Eligible for DUI Diversion appeared first on Ryan Birss, Attorney at Law.

Proposition 57 Update

By michaelfannon • July 26, 2017
My friend Douglas Fienberg from the Fresno County Public Defender’s Office has been carefully tracking the proposed rules for Proposition 57.  You can see the proposed rules here: http://www.cdcr.ca.gov/proposition57/docs/Prop-57-Public-Comment-Regs.pdf. Here is the latest from Mr. Fienberg: There are at least four problems with the proposed regulations. First, the proposed regulations exclude people subject to indeterminate [..] The post Proposition 57 Update appeared first on Ryan Birss, Attorney at Law.

California Proposition 57: What You Need to Know

By michaelfannon • November 21, 2016
On November 8, 2016, California voters approved Proposition 57, also known as the California Parole for Non-Violent Criminals and Juvenile Court Trial Requirements Initiative. Here’s a brief look at what Proposition 57 means to California and its citizens. New parole opportunities for those convicted of non-violent felonies. Proposition 57 changes the time calculation for parole [..] The post California Proposition 57: What You Need to Know appeared first on Ryan Birss, Attorney at Law.
Proposition 47 Update (AB 2765 Deadline Extension)
June 1, 2016

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UPDATE:   On September 28, 2016, Governor Brown signed AB 2765.  This means that anyone eligible to apply for a reduction of a felony to a misdemeanor under Proposition 47 has until November 4, 2022 to submit an application.  In addition, an application can be submitted after November 4, 2022 upon a showing of good cause .

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In 2014, Proposition 47 was approved by the voters of California.  Proposition 47 changed the law regarding specific theft and drug related crimes, reducing some non-violent crimes to misdemeanors.

Under the original Proposition 47, any person who was in prison for one of the specified crimes can petition for a reduction of the offense from a felony to a misdemeanor.  If a person has already completed their sentence for one of the specified felonies, they may apply to the trail court to have their conviction reduced to a misdemeanor.

Applications to have a sentenced reduced from a felony to a misdemeanor under Proposition 47 must be submitted before November 5, 2017.  After November 5, 2017, any applications submitted for a reduction will be denied because they are untimely.

If you believe you have a qualifying felony conviction that can be reduced to a misdemeanor, contact your attorney, the local public defender’s office, or your local legal services office for assistance.