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 [..]
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 [..]
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 [..]
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 [..]
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 [..]
Yes. Under California Harbor and Navigation Code section 655, operating a boat under the influence of alcohol and/or drugs is similar to DUI in a motor vehicle. In fact, there are several ways in which a person can be convicted of DUI in a boat: Operating a boat while under the influence of alcohol which [..]
You were convicted of a felony, have completed probation successfully, and went back to court for a dismissal. The court agreed to reduce your conviction to a misdemeanor and dismissed the charges under California Penal Code section 1203.4. Now what? Can you answer “no” to the question of whether you have ever been convicted of [..]
You’ve been arrested for Driving Under the Influence (DUI) of alcohol and/or drugs. The jail let you go with a citation to appear in court in about 30 days. What do you do now? Do you need an attorney? Or should you use the public defender? Or just handle it yourself? Most people who are [..]
Arrests and prosecutions for driving under the influence of drugs without any alcohol present is on the raise everywhere in the United States, including California. In order to prove a case of driving under the influence of drugs, the prosecution must show the accused was operating a motor vehicle while under the influence of [..]
