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The Writ of Habeas Corpus protects prison inmates from false imprisonment to ensure people are not thrown into jail unlawfully. Today, it is a highly effective post-conviction tool that can be used by inmates to challenge their sentencing conditions.

It isn’t uncommon for defendants to hire new attorneys post-conviction because appellate law requires a different skill set.

The Process of Initiating a Habeas Corpus Petition

Child sexual abuse is one of the most vicious and reprehensible crimes regardless of where you are in the world. It can refer to a range of sex crimes involving children such as sexual assault, forced physical contact, statutory rape, sexual abuse, and public lewdness.

Under the California Penal Code, a person will have committed a sex crime if they engage in a sex act with another person without their consent. A child, defined as a person under the age of 18, does not have the legal ability to consent to sex. Thus, if a person engages in a sex act with a child, even if the child appears to have given consent, they will have committed child sexual abuse.

Many victims of child sexual abuse feel scared or embarrassed about reporting the crime. They may feel guilty, ashamed, and may even blame themselves for the abuse. Others report the abuse, but they aren’t always taken seriously by their adult caretakers – under the guise of them not able to understand what they have experienced. In either case, sexual abuse of any nature can have a devastating impact on a child’s physical and mental health and well-being.

What is the difference between manslaughter and murder?

Simply put, the act of killing another person with malice is murder and carries a very serious charge. On the other hand, manslaughter is the unlawful killing of a person(s) without malice or prior planning.

The prosecution thoroughly reviews the specific circumstances surrounding a murder before deciding which charge is to be applied. California law mandates a maximum of only 11 years in prison in the case the assailant is convicted of manslaughter.

On December 15, 2021, the governor of California signed SB 81 into law to dismiss sentence enhancements in the interests of justice. This bill comes at the heel of widespread activism, drawing attention to the plight of convicts spending more time than necessary in jail or prison.

Studies show that sentence enhancements for long sentences do not deter crime. The number of separate sentence enhancements that a person could theoretically face when charged with a crime is about 150. This ranges from add-ons for gang association, being on probation, or having a prior conviction. Sentence enhancements are particularly concerning if you face criminal charges that include time spent in jail or prison, meaning more time spent incarcerated if convicted.

How Sentence Enhancements Work

SB 775 is a bill signed into law on October 5, 2021, and reforms SB 1437 laws about the conviction of aiders and abettors for murder. Inmates with murder convictions under the previous laws could be charged with murder even though they had nothing to do with it.

Bill 775 allows a defendant convicted of murder, manslaughter, or attempted murder to appeal for resentencing.

The Impact of SB 775

One of the most valuable skills that attorneys need today is a sense of awareness. It’s knowledge of the latest developments that affect people and businesses, both within your community and the country at large. Attorney Christopher Darden is one such professional who embodies this trait – and more.

After passing the California Bar exams in 1980, he was hired at the National Labor Relations Board in Los Angeles. Darden then applied for a job with the Los Angeles County District Attorney’s Office to change his career. He relocated to the Huntington Park office, and then briefly moved to Beverly Hills, before relocating to the Criminal Courts Building (CCB) in Los Angeles in 1983.

He specialized as a co-prosecutor at the CCB where he worked in the Hardcore Gang Unit. After that, he worked for the Special Investigation Division (SID) to investigate criminal activity and corruption by public officials including law enforcement personnel in February 1988. This is also where Darden met his mentor Johnnie Cochran, who represented victims of police brutality. The two became very close partners.

Uber and Lyft have made it easy to get around town. However, there are thousands of drivers and riders utilizing rideshare apps at a time. This can increase traffic volume on the road and the pressure on drivers to respond to the increased demand for their services. The nature of their role requires drivers to check their phones, sometimes even when they’re driving at high speeds.

As a result, the likelihood of getting involved in an accident can increase tenfold! Such accidents could be the fault of the driver or someone else on the road. Moreover, it isn’t uncommon for rideshare accidents to lead to serious injuries or even death. In case of injuries, it is important to seek legal consultation for rideshare accidents in LA as soon as possible.

The Perils of Going After a Billion Dollar Enterprise

Rideshare apps in LA have become the de facto means of getting around town – but they’re not perfect. Uber and Lyft are worth billions of dollars and have managed to increase their number of users and contribute to a sizable traffic volume day in and day out.

The increased presence of cars indicates a relatively high risk of injury for both passengers and riders. For the most part, accidents usually happen due to negligent and distracted driving, but you cannot minimize the impact of another drunk driver ruining everyone’s day.

Sadly, it’s not uncommon for riders (and sometimes drivers) to lose their life because of critical injuries. For example, you may have heard of drunk drivers getting arrested for DUIs and being charged with manslaughter. But what you probably don’t even hear of is the sad news that the victim is a 20-something old college student who succumbed to their injuries later in hospital.

When an Uber or Lyft driver causes a car accident due to negligence, the injured victim (or passenger) may be entitled to several types of damages when they file a claim. The compensation will depend on the severity of injuries and other losses.

Rideshare companies and their insurance providers will do everything they can to dispute your claim and minimize their liability from the incident. They may even rob you of your compensation entirely, especially if you’re not represented properly. For these reasons, it is highly recommended to hire an experienced rideshare accident lawyer in Los Angeles for going toe-to-toe against their defense teams.

Types of Damages You Can Claim in a Rideshare Accident

In California, certain offenses are considered a “wobbler.”  This simply means that there are criminal code sections which make it possible for a prosecutor to charge and individual with an infraction or misdemeanor offense, or a misdemeanor or felony offense.  A felony charge is the most serious, incurring the harshest penalties for those convicted.  If your charge is under a wobbler, could it be good news?  We’ll discuss it below.

How does a prosecutor determine whether to charge the client with a misdemeanor or felony?

In wobbler cases, the prosecutor will determine whether to charge you with a misdemeanor or felony based on your criminal history, the specific details in your case, and other factors.  For example, if the crime is considered violent or severe, it’s likely the prosecutor will feel the crime deserves harsh punishment.  However, if it is a first offense and mitigating facts exist that would eliminate or lessen your responsibility in the crime, he/she may decide to charge you with a misdemeanor.

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