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 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 [..]
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 [..]
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 [..]
Proposition 47, passed by California voters on November 4, 2014, changed a number of specific offenses from a felony to a misdemeanor. In order to qualify to have a prior conviction reduced to a misdemeanor under Proposition 47, the accused must not have a “disqualifying” prior conviction. Disqualifying prior convictions include the following: Any offense [..]
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 [..]
***** 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 [..]
***** UPDATE: On November 8, 2016, California voters passed Proposition 63. In addition to many other provisions, Proposition 63 mandates that any theft of a firearm is now a felony regardless of the value of the firearm. This felony carries a potential prison sentence of up to three years. In addition, any person [..]
In early 1993, I had just completed the California Bar Exam and was settling into a routine to take my mind off the long wait to find out if I passed. My best friend called and asked me to go have a few drinks with him. I agreed and we ended up buying a six-pack [..]
