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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.

Weapons Offenses

Weapons crimes covers a broad range of crimes including assaults and robberies with a weapon, concealed carry violations, felon with a firearm, and school zone violations. Weapons crimes come with incredibly harsh sentences especially when a gun is involved. Under 10-20-Life, using a gun during a crime means that an additional 10 years to life imprisonment will be added to the standard sentence for that crime. Conviction on a felony weapons charge also means being barred from future gun ownership.


If you are accused of a weapons crime, the prosecution must prove that you actually used or had a weapon. It is not enough for a witness to simply say that they thought you might have a weapon.


You may also be able to beat a weapons charge on Fourth Amendment grounds. Even if you have an illegal weapon, the police cannot violate your constitutional rights. If a weapon is found during an illegal search or seizure, it generally cannot be used as evidence against you. It is very difficult for the prosecution to prove a weapons case without the weapon.


Are you facing weapons charges in Shasta, Trinity, Tehama, Siskiyou, or Butte Counties? Contact Ryan Birss to schedule a consultation today.

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