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.

Most of us are familiar with terms like “theft” and “forgery” given that they immediately bring to mind the taking of something that does not belong to someone or making a misrepresentation in writing. When we hear the term “fraud”, we are often left confused by the exact meaning.

Fraud, technically speaking, is defined as: “A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. Fraud includes any intentional or deliberate act to deprive another of property or money by guile, deception, or other unfair means.” In other words, fraud is wrongful deception intended to result in financial or personal gain.

When facing criminal fraud charges, the fraud is typically of two kinds: fraud against a company (either by those that work inside or by vendors or customers) and fraud against an individual (such as identity theft or schemes). What Type Of Fraud Charges Can I Face?

Fraud charges can be filed in various ways. Most of these charges are filed as felonies given that they typically involve a significant loss and deliberate action carried out. Fraud charges may also be filed by way of a federal indictment. A federal fraud case is a very serious and complicated process with significant exposure. It is critical to be properly represented from the earliest stage possible to protect yourself. A felony criminal case can carry significant penalties and usually there are complex factors involved. For a skilled and experienced criminal lawyer, these factors mean an opportunity to formulate an intelligent defense based on the case in front of you.

There are many different types of fraud charges. You may hear many of them referred to as “White Collar Crimes” because they generally relate to financial matters and are committed by professionals or people while at work. Types of fraud cases include:

• Embezzlement
• Insurance Fraud
• Forgery
• Extortion
• Credit Card Fraud
• Bribery
• Commercial Burglary
• Mail and Health Care Fraud
• Income Tax Fraud
• Insider Trading
• Money Laundering
• False Financial Statements
• Grand Theft
• Computer Access and Fraud
• Welfare Fraud
• Mortgage Fraud
• Workers Compensation Fraud
• Receiving Stolen Property

Every fraud case is different given the circumstances, people involved, and actions carried out. At first, some of these types of fraud may not even be perceived to be criminal actions such as when facing income tax or insurance fraud charges. There are situations where someone may have been following the advice of someone else and is now in trouble. Regardless of the type of fraud charges filed, it is critical to have an attorney on the case who knows how to navigate through the paperwork and speak to the right parties.

What Do I Do Now?

If you or a relative or friend is currently in custody, has recently been arrested, or is facing a fraud 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 making pre-filing fraud intervention and resolving these cases successfully. Remember, you cannot leave your defense up to fate or the parties that are trying to convict you. Contact us now for a Free Consultation.

On September 30, 2018, Governor Jerry Brown signed into law Senate Bill 1437. SB 1437 became known as the Felony Murder Rule effectively changing the rules for how California charges felony murders.

Prior to SB 1437, California law allowed a defendant to be convicted of first-degree murder in the commission of a felony even if the defendant did not intend to kill the victim or did not know a murder took place. This means that in the commission of a residential burglary, for instance, if someone were killed as a result of the incident a getaway driver would be charged with and convicted or murder even if they had not stepped into the scene of the crime. This former broader law meant hundred of convictions of murder for individuals who never intended on seeing someone harmed in the commission of a felony act.

Under the new Felony Murder Rule, a person can only be convicted of murder if he killed a person in the commission of a felony, aided and abetted the killing, was a major participant in the killing, or the victim was a peace officer engaged in the performance of his duties. SB 1437 is retroactive, meaning it applies to defendants that were accused and convicted under the old law and who are now eligible for relief including appeal and resentencing.

How Do I Appeal A Sentence Under SB 1437?

Like most forms of post-conviction relief, appealing a sentence under SB 1437 requires careful processing and adhering to the rules so that the appeal is properly and timely carried out. The first step in the appeal process is filing a petition. This petition must be carefully prepared and filed in the sentencing court with service (or notice made) to the agency that prosecuted the petitioner and the attorney that represented the petitioner.

In order for the petition to be properly completed it must include a declaration from the petitioner showing he is eligible for a sentence reduction by meeting three conditions; showing he was prosecuted for murder under a natural and probable consequences theory (NPC theory) meaning that the murder was found to be a natural and probable consequence of a felony act, he was convicted of first-degree or second-degree murder following a trial or accepted such charges as a plea offer, and that he would not have been convicted of murder under California’s new Felony Murder Rule.

Once the petition has been received and accepted, that is that the petitioner has shown he is eligible for a sentence reduction, then a hearing is set to resentence. At this hearing it is not the responsibility of the petitioner to prove that his sentence should be reduced, rather it is the responsibility of the prosecutor to prove beyond a reasonable doubt that the petitioner’s sentence should not be reduced.

If the prosecutor cannot prove this, then the allegations and enhancements on the conviction are vacated and the petitioner is resentenced on the remaining charges. The resentencing Judge will give credit for time served and may order the petitioner receive parole supervision for up to three years following the completion of the sentence. What Do I Do Now?

If you or a relative or friend is currently in custody serving a sentence for felony murder you may be eligible for relief. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience researching, strategizing, and preparing petitions under SB 1437. Remember, a resentence and immediate release is possible. Contact us now for a Free Consultation.

Since assuming office in January 2019, Governor Gavin Newsom has proven himself a firm proponent of broader criminal justice reforms. He has been supportive of bills to address prison overcrowding and rehabilitative/reentry measures for California prison inmates.

Since the announcement of the California Major Disaster Declaration due to Covid-19 (Coronavirus) on March 22, 2020; much focus has been placed on prison sentence commutations and alternative sentences. Specifically when it comes to prison releases, within weeks of the emergency Governor Newsom had commuted sentences of 21 California prison inmates and granted pardons to half a dozen others. This includes over a dozen inmates convicted of homicides. As Coronavirus spreads into the prison system, the Governor’s office has taken immediate measures to reduce crowding and protect the population’s health.

What Does Covid-19 (Coronavirus) Mean For Prison Inmates?

Governor Newsom’s office is taking unprecedented measures with the prison system during this health crisis. They include locking down facilities, shutting down inmate visitation and volunteer programs, blocking transfer of county jail inmates to prisons, and creating distance measures in custody from dorm to dorm and between inmates and prison employees.

The Governor’s office has now gone a step further making sentence commutations and immediately releasing prison inmates. Over 3,500 inmates are to be released early due to the crisis.

These early releases are occurring throughout California’s 35 prisons for inmates who are scheduled for release in the next sixty (60) days and for those who meet sentence relief criteria. Lawyers representing inmates in ongoing appeals and resentencing petitions are putting pressure on the prisons and Courts to take more action.

When it comes to commuted sentences, Governor Newsom’s office said via a press release that now “In addition to the public safety and justice factors that the governor normally considers when reviewing clemency cases, he also considered the public health impact of each grant, as well as each inmate’s individual health status and the suitability of their post-release plans, including housing.” Thus far nearly all of those granted commutations were convicted of violent crimes. How Can I Get Early Release?

Sentence commutations and early release dates are being achieved using complex measures. It is critical to file the necessary petitions with the correct parties and carefully monitor these filings. In particular nonviolent crimes and inmates with upcoming release dates can petition for early release. Violent crimes and individuals with vulnerable health conditions may pursue sentence commutations.

The California Department of Corrections and Rehabilitation can be challenging to navigate at any time. More so now that employee restrictions and facility reorganizations can lead to confusion and delays. It is of the utmost importance to assess each case’s factors individually and make a clear plan.

What Do I Do Now?

If you or a relative or friend is currently in custody serving a sentence or awaiting sentencing to a California State Prison or County Jail Facility, you may be eligible for relief. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience researching, strategizing, and preparing filings. Remember, an early release can also provide life-saving if the inmate is high-risk for health issues. Contact us now for a Free Consultation.

On November 4, 2014 California voters passed Proposition 47, known as the Criminal Sentences, Misdemeanor Penalties, Initiative Statute. This referendum – also called the Safe Neighborhoods and School Act – recategorized some nonviolent offenses as misdemeanors rather than felonies. These offenses included crimes of theft, fraud, and drug possession.

The objective of Prop 47 was to reduce overcrowding in the state’s prison system and provide an opportunity for nonviolent offenders to obtain release and rehabilitation services. Monies saved as a result of Prop 47 would be allocated toward education and dropout prevention, mental health treatment, and drug abuse programs. All meant to keep offenders out of the prison system.

What Does Prop 47 Mean For Existing Sentences?

Prop 47 affects both future convictions and retroactively covers offenses already sentenced. A petition for resentencing would be necessary and previous felony offenses (or wobblers) would be reduced to misdemeanors and resentenced. This reduction of the punishment for the crime is referred to as a commutation or commuted sentence.

Prop 47 has already reduced California’s state prison population by tens of thousands. In the first year alone since passing 4,700 offenders were resentenced and released.

The original deadline for petitions to resentence under Prop 47 was November 4, 2017; however, due to the number of petitions made and eligible sentences, Governor Jerry Brown extended the deadline to November 4, 2022.

What Will Happen To My Conviction And Sentence?

Appealing your sentence under Prop 47 can be done by those currently serving a sentence as well as those who have completed their sentence. The process begins by filing a petition to modify the sentence (resentencing). The Judge will determine whether the conviction would have been a misdemeanor under Prop 47, grant the petition for resentencing by changing the conviction to a misdemeanor, and (if you are still serving a sentence) make an immediate reduction to your sentence. Typically resulting in release from incarceration.

For those who have already completed their sentence, the reduction from a felony to a misdemeanor can restore your rights to serve on a jury or the armed forces, improve your employment opportunities (given that you no longer have to disclose you have been convicted of a felony), and allow you to pursue professional licensure (such as insurance or real estate). Overall, the reduction of the offense from a felony to a misdemeanor means a better quality of life and future outlook.

What Do I Do Now?

If you or a relative or friend is currently in custody or served a sentence for a 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. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience researching and preparing petitions under Prop 47. Remember, not only is the relief immediate on a commuted sentence but the impact on your future from seeing the felony reduced is significant. Contact us now for a Free Consultation.

The rapidly expanding pandemic crisis of COVID-19 has had sweeping effects on everyday life. Due to Center For Disease Control (CDC) recommendations California has taken immediate measures to protect the public by enforcing social distancing and restrictions of gatherings of more than ten (10) people. This has meant immediate actions by the California Supreme Court and the California Superior Courts. Trial and Appeal Courts have moved to cease operations by closing doors and postponing pending matters. In the Los Angeles Superior Court, only critical in-custody matters with substantive pending hearings are being dispositioned. All other matters – trial or otherwise – are being continued by the Court for 30-45 days.

With the CDC recommending drastic changes in American lifestyle to limit the spread of the Coronavirus, it is uncertain if the Courts will resume normal operations in the next 60-90 days. How Does This Affect My Case?

If facing criminal charges, appeal deadlines, or post-conviction relief; you have rights. The right to a speedy trial and appeal are not lost due to national emergencies. As an individual, you must take action to ensure you are continuing your defense. Although physical hearings are being postponed, documentation is still being processed behind-the-scenes. This means prosecutors and investigators are continuing forward with new filings against you. It is important you further your defense via conferences, electronic document submissions, or fax lines made available to your attorney.

What Will Happen To My Pending Appeal?

Court operations may be in chaos; however, legal time to appeal and statutes of limitations remain. Having competent legal representation moving your case forward and monitoring the events on your pending filings will ensure nothing is falling through the cracks. If there is a failure on the Court’s part to respond or properly process, these failures may be brought up to the advantage of your defense. Can My Case Be Hurt Or Helped By Any Of These Events?

The response to the Coronavirus pandemic is in an effort to protect the public’s health. The Courts are enforcing federal recommendations so as to protect their employees. This should not come at the expense of the public’s interests. Cases pending in the judicial system should neither be hurt nor helped by these events. Practically speaking, a postponement of a pending hearing that the Court has not deemed “critical” can have a devastating impact on an individual and waiting for a delayed response on a pending filing can be confusing and frustrating. Your attorney will protect your rights and maintain the necessary communication with all parties. If there is any failure by the Court, your attorney will make sure that your case is not hurt.

What Do I Do Now?

If you are facing new charges, an inmate, friend or relative of a defendant, consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience defending serious cases through to successful early disposition, trial, post-conviction, and appeal outcomes. Contact us now for a Free Consultation.