Blog Layout

PRACTICE AREAS

PRACTICE AREAS

New Law: Veterans Now Eligible for DUI Diversion

By michaelfannon • 25 Aug, 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 • 26 Jul, 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 • 21 Nov, 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.
Am I Eligible for Proposition 47?
Jun 02, 2016

Proposition 47 was passed by the California voters on November 4, 2014.  Under Proposition 47, specific offenses that had been felonies under California law were converted to misdemeanors.

Proposition 47 added a new crime, Penal Code section 459a Shoplifting.  Under PC 459a, any person who enters a commercial establishment with the intent to commit larceny while that establishment is open during regular business hours, and when the value of the actual or contemplated loss does not exceed $950.00, is a misdemeanor, unless the accused has been previously convicted of a disqualifying offense.

Prior to Proposition 47, entering a business with the intent to commit theft, regardless of the value of the actual or contemplated loss, was felony second degree burglary.  If the prosecution was not able to prove the accused entered the building with the intent to commit theft, the offense became either grand (felony) or petty (misdemeanor) theft, depending on the value of the loss.

Proposition 47 also identified eight other felony offenses that are now misdemeanors.  Anyone previously convicted of any of these eight felony offenses can apply to have the felony conviction reduced to a misdemeanor.

The eight other qualifying felony offense include the following :

  1. Forgery (Penal Code sections 470, 471, 472, 475, 476, 484f, 484i, 473(b)) of a check, bond, bank bill, note, cashier’s check, traveler’s check, or money order whose value is less than $950.00, provided the defendant is not convicted of both forgery and identity theft (Penal Code section 530.5);
  1. Check kiting (cashing insufficiently funded checks [Penal Code section 476]) where the total loss is less than $950.00, provided the defendant does not have three or more prior convictions for violations of Penal Code section 470, 475, or 476;
  1. Grand theft (Penal Code sections 487 and 490.2) of any property where the value of the money, labor, real or personal property taken does not exceed $950.00;
  1. Receiving stolen property (Penal Code section 496) where the value of the property does not exceed $950.00;
  1. Petty theft with prior convictions (Penal Code sections 484/666) regardless of the number of prior theft convictions;
  1. Possession of narcotics (Health & Safety Code section 11350);
  1. Possession of concentrated cannabis (Health & Safety Code section 11357(a)); and
  1. Possession of controlled substances (Health & Safety Code section 11377(a)).

The court will grant a request to reduce these crimes to a misdemeanor unless the person has also been previously convicted of a disqualifying offense, or the court finds the accused person poses an “unreasonable risk of danger to public safety.”  (Penal Code section 1170.18(b).)

Disqualifying prior convictions include the following:

Any offense which requires sex offender registration under Penal Code section 290(c);

Any “violent” felony under Penal Code section 667(e)(2)(C)(iv).

“Unreasonable risk of danger to public safety” as used in Proposition 47 is defined as an unreasonable risk that the person will begin committing the “violent” felonies listed in Penal Code section 667(e)(2)(C)(iv) upon his or her release from custody.  (Penal Code section 1170.18(c).)

When deciding whether a person presents an unreasonable risk of danger to public safety, the court may consider the following:

The accused’s prior criminal history, including the extent of any injury to victims, the length of prior prison commitments, and the remoteness of the crimes;

The accused’s disciplinary record and record of rehabilitation while incarcerated; and

Any other evidence which the court, “within its discretion, determines to be relevant.”  (Penal Code section 1170.18(b).)

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.

Share by: