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Thousands of people in California have been serving unjustly long sentences because they have been convicted of murder, manslaughter, or attempted murder, even though they never killed, attempted to kill, or intended for a person to die. Until January 2019, that was the reality for countless of inmates who had been convicted of murder under the felony murder rule and the natural and probable consequences theory for simply participating in certain crimes that had resulted in the death of a person.

In 2018, the California legislature passed Senate Bill 1437, which amended the felony murder rule and allowed inmates convicted of felony murder or murder under the natural and probable consequences theory to petition the court to have their murder sentences recalled and to obtain resentencing for the underlying offense only. While advocates of criminal justice reform in California welcomed SB 1437, the law overlooked a substantial number of inmates, who had been convicted of manslaughter or attempted murder under the old theories and who were left ineligible to petition for resentencing under SB 1437.

Thankfully, the California legislature corrected this colossal oversight, and on October 5, 2021, Governor Newsom signed into law SB 775, which came into effect on January 1, 2022. By giving inmates convicted of attempted murder or manslaughter under the old doctrines the life-changing opportunity to petition the court for recall and resenting, SB 775 closed the gap that SB 1437 had left open.

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On January 1, 2018, SB 180 went into effect and repealed the prior California law, which required a sentencing court to impose a 3-year enhancement for every prior conviction for controlled substance crimes. The only exception left was in instances where the prior convictions were for crimes that involve the use of a minor in the commission of the crime. Similarly, prior to January 1, 2020, the law required that a sentencing court impose a 1-year enhancement for each prior prison or felony jail term. Starting January 1, 2020, the SB 136 law limited the application of this enhancement to defendants who had served a prison term for a sexually violent offense.

While criminal justice reform advocates had welcomed these laws, criticism remained, as the laws did not apply retroactively. SB 483 or The Repeal Ineffective Sentencing Enhancements (RISE) Act corrects that by applying SB 180 and SB 136 retroactively. Governor Newsom signed SB 483 into law on October 8, 2021, which went into effect on January 1, 2022. This law is the latest attempt by the California legislature to correct the harm caused by unjust and disproportionately long sentences. It has long been argued that long sentences cause more harm than good, as they have been proven ineffective as deterrents to crime, and have had negative impact on the well being and safety of defendants and communities alike. As the Legislature specifically states in the new bill, the goal of the RISE Act is to address systemic racial biases in sentencing and to ensure equal justice under the law.

Under the new law, inmates do not have to petition the court for resentencing. Instead, the new law requires that the Secretary of the California Department of Corrections and Rehabilitations (CDCR) identify all incarcerated individuals serving sentences that include one of those enhancements. CDCR had until March 1, 2022, to identify all individuals that have served their base sentences and any other enhancements, and who are currently serving time based on the repealed enhancements, and until July 1, 2022, to identify all other individuals.

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The United States has the highest incarceration rate in the world, and within the US, California hosts the second largest prison population behind Texas. Mass incarceration has led to overcrowding, which in turn has resulted in increased health risks and decreased psychological welfare of inmates. In recent years, California’s legislature has worked hard to correct the devastating results of the state’s traditional tough on crimes policies, which have led to excessively punitive sentences and have affected and continue to affect poor people and minorities disproportionately. Long sentences have not only failed to increase public safety, but have also had a damaging effect on vulnerable individuals, especially those who have committed their offenses as minors.

In 2018, Governor Brown signed into law Assembly Bill 2942, which went into effect on January 1, 2019. Prior to AB 2942, there were no legal vehicles for district attorneys to revisit and re-evaluate sentences and, when warranted in the pursuit of justice, to recommend a sentence recall and reduction. Nowadays, due to AB 2942, local district attorneys have been given the discretionary power to revisit cases to determine whether the further confinement of inmates facing overly prolonged incarceration is in the interest of justice, and if it is not, to recommend a case for resentencing.

AB 2942 does not provide for any exclusions. That means that cases involving any type of offense or sentence are potentially eligible for recommendation for recall of a sentence. Furthermore, the law does not provide for any requirements of time served. Notably, this law could potentially provide relief for immigrant defendants facing immigration consequences based on their sentences, by having them reduced to non-deportable ones.

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The “DREAM Act,” first introduced into Congress in 2001, was intended to grant United States citizenship to immigrant children at risk of deportation. The Act stands for Development, Relief, and Education for Alien Minors, and the children it would protect are often called “Dreamers.” The idea behind “Dreamers” is based on the “American dream.” By offering the American dream to so many individuals who spent part of their childhoods in the United States, they will have opportunities they may not otherwise have in their home countries. Although several bill versions have been introduced in Congress, the DREAM Act has never fully passed or become law.

2021 Versions Of The Bill

For the 2021-2022 legislative session, both the House of Representatives and Senate have introduced versions of the DREAM Act. The Senate introduced The Dream Act of 2021 (S. 264), and the House of Representatives introduced The Dream and Promise Act of 2021 (H.R. 6). The current version of the bill has passed in the House of Representatives. The bills differ, but their significant elements are generally the same. Both bills ultimately provide Dreamers an easier pathway to U.S. citizenship.

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If you plan to visit the United States but do not intend to live within the county permanently, you will still need documentation authorizing your presence in the country. A visa is a type of authorization that grants nonimmigrant travelers the ability to remain in California and the United States for a brief period. Visas do not give foreign workers legal residence status or citizenship in the United States. However, they provide employment opportunities in the United States that workers may not have in their home countries.

Types Of Employment Visas For Nonimmigrants

There are several employment visas for nonimmigrants, two of which include H-1B and H-2B visas. Unlike other visas, employment visas require employers, rather than foreign employees, to submit applications and complete a considerable amount of paperwork. Immigration law is known for being very complex, but the immigration attorneys at The Justice Firm have the experience to help employers file the correct paperwork the first time.

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If you plan to visit the United States but do not intend to live within the county permanently, you will still need documentation authorizing your presence in the country. A visa is a type of authorization that grants nonimmigrant travelers the ability to remain in the United States for a brief period. Visas do not give legal residence status or citizenship to visitors. However, they provide travelers many of the same opportunities as U.S. citizens to experience the United States.

Types Of Visas For Nonimmigrants

There are several types of visas for nonimmigrants, two of which include B-1 and B-2 visas. Both visas allow travelers to lawfully remain for up to six months in the United States.

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On February 24, 2022, Russia declared an invasion of Ukraine, leading many leaders worldwide to welcome Ukrainians into their countries. The United States has several options available for Ukrainians who currently live in the United States and want to avoid returning to Ukraine. They include

  • Temporary Protected Status (“TPS”);
  • Asylum;
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If you are living in California on a visa, as a permanent resident, or you are undocumented, a criminal charge or conviction can have severe consequences on your immigration status. However, some crimes minimally impact immigration status. Suppose you have been charged with a crime in California. In that case, it is essential to speak with a qualified immigration attorney who can explain how your immigration status will be impacted if you are convicted.

The Importance Of Hiring A Criminal And Immigration Law Attorney

Your California criminal conviction can directly impact whether you are deported and whether you can return to the United States in the future. Hiring an attorney with a strong understanding of federal and state criminal and immigration laws can significantly improve the outcome of your particular situation.

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Since Vladimir Putin announced the Russian invasion of Ukraine on February 24, 2022, many countries worldwide have shown their support for Ukraine. President Biden has been vocal about the United States’ commitment to helping Ukrainian refugees. On April 21, 2022, he announced Uniting for Ukraine, a program that provides temporary support for Ukrainian citizens and their immediate family members hoping to flee the Russian invasion. If you would like to help Ukrainian citizens come to the United States, a general understanding of the processes can help you decide if the program is right for you.

Who Can Support Ukrainians And Their Families?

If you decide you would like to apply to become a supporter of a Ukrainian citizen or family, you must fill out and submit an I-134 Form. Uniting for Ukraine requires supporters to have the financial ability to provide aid to Ukrainians, so the Form will require you to provide proof that you have the necessary financial resources. Proof of financial ability will require you to show that you can support the person or family for up to two years. Having “financial ability” does not mean you need extraordinary resources and unlimited money. It does mean that you should consider whether you can ensure the following needs are met for the individual or family:

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No one wants to face accusations of a crime they didn’t commit, especially a crime as awful as false imprisonment. The accusation, charge, and conviction of false imprisonment will ruin your reputation, impede your life’s goals, and put you behind bars for years. Thankfully, you won’t have to worry about any of this happening to you if you hire seasoned criminal defense lawyers from The Justice Firm. You can arm yourself with a team of diligent, highly decorated legal experts who specialize in defending against false imprisonment charges.

California’s False Imprisonment Laws

California’s false imprisonment law is succinct. False imprisonment occurs when you deprive someone of their liberty. It’s holding people against their will by using restraints or force. For example, suppose that you are at home with your boyfriend, who wants to leave. Instead of letting him go, you use a rope to tie his hands behind his back, and you hold a knife to his throat. In this case, you’re actively depriving him of his liberty.

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