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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.
Do Veterans Get Special Treatment in Criminal Courts?
Sep 26, 2016

Yes.  Military veterans do get special treatment in the criminal courts.

The California Legislature has enacted several sentencing schemes to give special or preferential treatment to veterans in criminal cases who are suffering from specified conditions.  All misdemeanor charges can be diverted from sentencing and conviction completely under specific circumstances.  For a description of how misdemeanor charges can be diverted, see my blog post: Are Veterans Eligible for Diversion ?

Veterans who are not eligible for diversion, or who have been charged with a felony offense, may still be eligible for preferential treatment.  According to Penal Code section 1170.9 , if a veteran convicted of a criminal offense claims that he or she committed the offense as a result of sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems stemming from service in the United States military, the court must make a determination of whether the person was a member of the United States military and suffering from one of the enumerated disorders.  ( Penal Code section 1170.9(a) .)

If the court finds that the person meets the criteria in subdivision (a), then the court MUST consider this fact as a factor in favor of granting probation.  ( Penal Code section 1170.9(b)(1) .)

If probation is granted, and the person successfully completes probation, the court may then reduce eligible felony charges to misdemeanors, and then dismiss the charges.  ( Penal Code section 1170.9(h)(3) .)

If a veteran meets the requirements of Penal Code section 1170.9(a) , but is not granted probation, the court is REQUIRED to consider the fact of meeting the requirements of Penal Code section 1170.9(a) as a factor in mitigation when imposing a prison term.  ( Penal Code section 1170.91 .)

If you are looking for an experienced, reliable criminal defense attorney who understands all aspects of resolving a criminal case and will work to keep your criminal history clear, schedule an appointment on this web site or call to set up a time to meet and discuss your case.

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