On December 7, 2020, Los Angeles County District Attorney George Gascon was sworn in as the County’s 43rd District Attorney. Following his defeat of Jackie Lacey, a DA who had built a reputation for a “tough-on-crime” approach, Gascon went straight to work making changes to his office true to his platform of criminal justice reform, progressive services, and rehabilitative prosecution. A main goal of his platform being lowering the prison population.

Gascon’s less punitive approach to crime includes no more gang enhancements, eliminating cash bail (including no longer seeking bail for anyone facing a misdemeanor charge or non-violent or non-serious felony), ending use of the death penalty, and providing resentencing eligibility. These major changes are expected to lead to the early release of thousands of state prison inmates whom Gascon said are unfairly serving overly long sentences.

The initial response to Gascon’s sweeping changes has included significant pushback and criticism by the public, victims and victims’ families, victims’ rights groups, Los Angeles prosecutors’ unions, and law enforcement. Gascon has in turn responded by adhering to his platform and reminding the public that he previously served as an LAPD assistant chief of police and has seen the broken inner workings of the Los Angeles criminal justice system. He stands by his position of reducing jail overcrowding and addressing more insidious issues in the District Attorney’s office including racism. What Does This Mean If I Am Facing Charges Or Have A Pending Case?

The new District Attorney’s office changes are having a major impact on new filings and pending cases. Beginning through not filing or stoping the filing of first-time misdemeanor offenses – associated with poverty and mental health such as loitering or public intoxication – and eliminating bail, going all the way to no more gang enhancements on filings and changes to sentencing; the DA changes affect cases of all sorts. Both new arrests and those already in the Los Angeles Superior Court system as pre-trials or awaiting trial outcomes. Misdemeanors and felonies.

Having your attorney work up your case is an opportunity you cannot miss. Your attorney will work aggressively at preventing charges, reducing the charges (in type or from a felony to a misdemeanor), and laying the foundation for your entire case defense. We can also guide you through the process of obtaining release via the new DA measures. This will result in you being as well prepared as possible to minimize the consequences of a criminal case with an attorney that is familiar working and negotiating with the Los Angeles District Attorney’s office.

What Do I Do Now?

If you or a relative or friend is currently in custody, has recently been arrested, or is facing an investigation or case; you must seek professional counsel. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience resolving cases successfully that are being prosecuted by the Los Angeles District Attorney’s office. Remember, you cannot leave your defense up to the parties that are trying to convict you. Contact us now for a Free Consultation.

In November 2016, California voters overwhelmingly passed Proposition 57 (64% to 35%) to enhance public safety, stop the revolving door of crime by emphasizing rehabilitation, and prevent Federal Courts from releasing inmates.

Under Prop 57, CDCR incentivizes inmates to take responsibility for their own rehabilitation with credit-earning opportunities for sustained good behavior, as well as in-prison program and activities participation. Prop 57 also moves up parole consideration of non-violent offenders who have served the full-term of the sentence for their primary offense and who demonstrate that their release to the community would not pose an unreasonable risk of violence to the community. These changes will lead to improved inmate behavior and a safer prison environment for inmates and staff alike, and give inmates skills and tools to be more productive members of society once they complete their incarceration and transition to supervision.

Lastly, Prop 57 allows Judges, not Prosecutors, to decide whether to try certain juveniles as adults in Court. Prop 57 sought to restore Juvenile Court Judges’ authority over juvenile offenders by allowing Juvenile Court Judges to determine whether or not juveniles aged fourteen and older should be prosecuted and sentenced as an adult, repealing California Proposition 21, which was passed in March 2000.

What Does Prop 57 Mean For Existing Sentences and Parole Eligibility?

There are three main provisions under Prop 57, two relating to adults and one to juveniles:

Adults:

1. Parole Eligibility Changes

2. Credit Awards Changes

Juveniles:

3. Direct Filing Eliminated

Offenders who commit multiple crimes against multiple victims will be eligible for release at the same time as offenders who only committed a single crime against a single victim.

• Repeat offenders will be eligible for release after the same period of incarceration as first time offenders.
• Offenders whose sentence was enhanced for especially egregious conduct will be eligible for release at the same time as those who did not engage in the egregious conduct.
• CDCR will have unlimited authority to award credits to all inmates, in excess of the current 15%, 20% and 50% conduct credit limitations.
• Juvenile offenders who commit violent crimes like murder, rape and carjacking cannot be filed on as adults. They must be filed on in Juvenile Court and can only be found unfit by a Judge.

What Will Happen To My Conviction And Sentence Under Prop 57?

Prop 57 allows for parole consideration to any person convicted of a non-violent felony offense and sentenced to state prison after completing the full term for his or her primary offense. The full term for the primary offense means the longest term of imprisonment imposed by the Court for any offense, excluding the imposition of an enhancement, consecutive sentence, or alternative sentence. This can mean drastically reduced eligibility periods for those facing long consecutive sentences.

Under Prop 57, inmates who comply with the rules, avoid violence, and perform duties assigned to them, are eligible to earn Good Conduct Credits. Inmates who participate in approved rehabilitative and educational programs shall be eligible to earn Milestone Completion Credits, Rehabilitative Achievement Credits, or Educational Merit Credits. Inmates who perform a heroic act in a lifethreatening situation may be eligible to receive the Extraordinary Conduct Credits.

What will the expanded credit-earning opportunities do for inmates? Credits earned for good conduct and rehabilitative and educational achievements can advance an inmate’s release date if sentenced to a determinate term, or advance an inmate’s initial parole hearing date if sentenced to an indeterminate term with the possibility of parole. Credit-earning opportunities are available to all inmates. What Do I Do Now?

If you or a relative or friend is currently in custody or served a sentence or consecutive sentences for a non-violent felony offense including theft, grand theft, grand theft auto, grand theft firearm, receiving stolen property, forgery, fraud, possession of a controlled substance, you may be eligible for relief; even if you have been denied parole. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience researching and preparing strategies for parole under Prop 57. Contact us now for a Free Consultation.

What are pimping and pandering, exactly? Pimping involves a person gaining financially from the prostitution of another individual or for locating clients for a prostitute, while pandering is a type of “recruiting” that is done when a person persuades, encourages, or induces someone to become a prostitute.

Ed Buck is a white man with financial means who allegedly has a long list of victims and has been called a sexual predator. Some of the stories black gay men have told (and provided evidence to support) involving Buck include forced drug use, kidnapping, the injection of crystal meth into unconscious victims, and filing false police reports in an effort to hide his criminal behavior which is said to include pimping, pandering, and coercion. Sadly, few of Buck’s alleged victims have received the media coverage and attention Harvey Weinstein’s alleged victims have, but why? Likely it’s due to the color and/or sexual orientation of the victims.

Ed Buck’s exploits are no secret, and the talk among political circles has been ongoing for decades. While Weinstein’s crimes go back to the 90s, Democrats are reluctant to say anything about Buck or the death of Gemmel Moore at his home. White women are not shy about coming out and revealing their stories involving sexual abuse by Weinstein, but males who are reportedly gay, black and the victims of Buck fear that because of their color and sexual orientation, people won’t take them as seriously or view them as victims of a sexual predator in the same way Weinstein’s female victims are viewed.

Pimping and pandering are serious criminal charges, regardless of who commits them. For someone who is convicted of pimping, the consequences may include three to six years in prison if the prostitute is 16 years of age or older; for those younger than 16, the maximum prison sentence is eight years. The punishment is the same for pandering, and both are felony charges. A $5,000 fine may also be imposed for those found guilty – and prosecutors will vigorously pursue registration as a sex offender which results in lifelong restrictions and a stigma that follows the offender throughout his or her lifetime.

As with any crime, a person can be wrongly accused of pimping and/or pandering. There are countless individuals locked in prison cells today for crimes they did not commit, including sex-related offenses. It is vital to work with a highly skilled criminal defense attorney when facing allegations of pimping and pandering.

What are your thoughts on Weinstein and Buck, and how their alleged victims are perceived in the media and by the public?

The girl’s mother said that the man came up to her daughter’s window and woke her up, telling the girl he had a surprise for her mother, whose birthday is this month. The girl told her mother that once she let the man inside the house, he touched her. The girl was told by the man to change her clothes, at which point he began touching her over the clothing according to the girl. News reports say the man fled the home quickly when the girl began to panic.

A news report at KTLA 5 stated the girl got away from the suspect and was trying to go notify her parents when the man left and fled in a pickup truck. The little girl said she did not know the man, however she described him to a sketch artist as having a thin build, dark hair, and in his late 50’s. He is thought to be about 5′ 7″ tall, and may be Hispanic as the victim said he had an accent. She also described his left eye as being “droopy.”

Police released a composite sketch of the suspect in an effort to get help from the public in capturing the man. Cynthia Ramirez, the girl’s mother, said that she thanked God and that it could have been worse.

Sexual assault of a child younger than 14 may include inappropriate touching, even over clothing. This is considered a lewd act, and can leave the alleged offender facing three, six, or eight years in prison. For many who are accused of sexual assault, the requirement to register as a sex offender for life is the most severe consequence. Sex crimes are punished extremely harshly; unfortunately, many innocent people are in prison today in Los Angeles and across the country, serving time for crimes they did not commit.

Children are sexually abused, there is no doubt about it. However, it is not uncommon for children to make up stories when coerced by adults who are out for revenge. Sex crimes are some of the most difficult to prosecute and defend, depending on the specifics of each case, physical evidence, and other factors.

Anyone accused of a sex crime whether child molestation, rape, prostitution, or possession of pornography must consult with a Los Angeles sex crime defense lawyer immediately. Your legal rights and freedom must be protected in the early stages, and a solid defense strategy developed in order to secure positive results.