What exactly is probation, anyway? AB 1950 changes the length of probation in California. But what exactly is probation, anyway? Probation is the suspension of the imposition or execution of a sentence and the conditional release of a defendant into the community. Probation is either under the direction of a probation officer (called “formal” or
California Gang Laws
A recent article in “The Appeal” describes California Gang Laws as “normalized racism.” Sadly, this is not hyperbole. The methodology that allows law enforcement to label someone a gang member – often documenting someone as a gang member based on neighborhoods, friendships and families – is notoriously flawed. As described in the article, police use
New Laws on Gun and Drug Sentencing Enhancements
On October 11, 2017 Governor Brown signed two new laws taking on gun and drug sentencing enhancements in California. Sentencing enhancements are years added automatically to the sentences of people with criminal histories who are convicted of a new crime. Senate Bill 180 eliminates extra jail time for people convicted of minor drug crimes; Senate Bill
Youth Offender Parole Hearings
What are Youth Offender Parole Hearings? During the past decade there have been enormous changes in juvenile sentencing, both across the nation and in the state of California. Beginning in 2005, the United States Supreme Court issued a series of decisions expressly recognizing that the 8th Amendment’s prohibition on cruel and unusual punishment precludes the
Prop 57 – What is it and can it help me?
Proposition 57, passed by California voters in November of 2016, will have important implications for both the adult and juvenile criminal justice systems. Here is a brief summary of the law. For Juveniles Prop 57 requires a judge, not a prosecutor, to decide whether juveniles should be tried in adult court. Previously, prosecutors could “direct
What is a reasonable probation condition?
Two recent cases have ruled on the question of what is a reasonable probation condition for a judge to impose on a defendant who has been convicted of a crime and placed on probation. In People v. Moran the California Supreme Court ruled that a probation condition prohibiting the defendant (who had been convicted of
New sentencing law
Jerry Brown is proposing a voter initiative to reintroduce parole hearings and early release. If this new sentencing law is passed, non violent felons will come up for parole once they complete the basic term for their crime. This is a major shift from the “determinate sentencing” law which was put in place (and signed
CA Supremes Void Sex Offender Residency Restrictions
On March 2, 2015, the California Supreme Court unanimously ruled that blanket enforcement of the residency restrictions of Jessica’s Law, as applied to paroled sex offenders in San Diego County, unconstitutionally infringed the parolees’ basic rights and liberty interests. The Sexual Predator Punishment and Control Act: Jessica’s Law (“Prop 83”) was approved by the voters
Prop 47: Reduce Felonies to Misdemeanors
This month California voters passed Proposition 47, enacting new law that reduces common drug and theft crimes from potential felonies to misdemeanors. Crimes covered by the new law include simple drug possession and certain theft offenses when less than $950 is involved, including shoplifting, petty and grand theft, forgery, check fraud, and possession of stolen
