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New Law: Veterans Now Eligible for DUI Diversion

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 [..]

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Proposition 57 Update

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 [..]

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California Proposition 57: What You Need to Know

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 [..]

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Proposition 63: What You Need to Know

  On November 8, 2016, California voters approved Proposition 63.  Proposition 63 (full text here) consists of a number of measures aimed at strengthening California’s already tough gun control laws by outlawing the possession of large capacity ammunition magazines, as well as requiring background checks to purchase ammunition, among other provisions. Here’s a look at [..]

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Can I Legally Smoke Marijuana in California?

    On November 8, 2016, California voters approved Proposition 64, The Adult Use of Marijuana act (full text here), joining Colorado, Oregon, Washington, Alaska, Nevada, Massachusetts and the District of Columbia in legalizing the recreational use of marijuana. At 62 pages, Proposition 64 is a long, complicated piece of legislation that both introduces a [..]

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Do Veterans Get Special Treatment in Criminal Courts?

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 [..]

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Are Veterans Eligible for Diversion?

In 1972, the California Legislature enacted diversion for people accused of low level drug offenses.  This law could be used by anyone who met the criteria for diversion.  See Blog Post: Am I Eligible for Criminal Diversion? In 2014, California passed a new law regarding the diversion of military veterans who meet specific criteria.  (Penal [..]

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Am I Eligible for Criminal Diversion?

Under California law, a person accused of low level narcotics offenses may be eligible for diversion if they meet specific conditions. The specific offenses eligible for diversion are: Health & Safety Code section 11350, possession of controlled substance; Health & Safety Code section 11357, possession of marijuana; Health & Safety Code section 11364, possession of [..]

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