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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.

Three-Strikes Cases

California has a very harsh three-strikes law. If you are convicted of a third qualifying crime, you could be sentenced to 25 years to life in prison. In addition, even a second qualifying crime could lead to double the typical sentence.


Unlike in the past, not all felonies are considered strikes. Only serious or violent felonies count. Juvenile convictions and out of state convictions may also be used.


If you are facing a third strike, you have multiple options. The first is to push for an acquittal or dismissal as you could with any charge.


The second is to negotiate a plea to a crime that does not count as a strike. Because of harsh three-strikes sentencing, it may be possible to go from the risk of decades in prison to probation.


The third way is to not have all of the strikes counted. You have the right to file a motion asking the judge to rule that it would not be in the interests of justice to sentence you as a third-strike offender.


If you’re facing a criminal charge that counts as a strike, call an aggressive three-strikes defense attorney immediately. Ryan Birss serves Shasta, Trinity, Tehama, Siskiyou, and Butte Counties.

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