Following a conviction, the first avenue to seek relief is a direct appeal. Simply put, a direct appeal is a request for a review of the trial record to determine if any errors were committed during the trial. Appeals are very complex and the likelihood of success is very low. However, direct appeals are far from the only option to challenge a conviction or a sentence.

If your appeal has been unsuccessful and you are in either actual or constructive (parole or probation) custody, you can still seek post-conviction relief through a Habeas Corpus petition. The petition can be used to challenge a conviction, sentence, or the conditions of incarceration. Habeas petitions do not have the same strict timelines as a direct appeal and can be filed even years after a conviction. Furthermore, a Habeas petition allows for the introduction of new evidence or information that was not part of the trial record.

For people who are no longer in custody, having a conviction on the record can have a severe impact on their lives and can present a serious challenge to moving on and being able to build a decent life. Moreover, for non-citizens, even a minor or a very old conviction can lead to their removal from the country. Fortunately, in 2016, the state legislature passed SB 813, which allowed people who are no longer in custody to challenge the validity of their convictions and to seek post-conviction relief by filing a motion to vacate. A motion to vacate can be filed on three separate grounds including 1) if a prejudicial error had occurred, which damaged the defendant’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence; 2) if evidence of actual innocence had been discovered; and 3) if the conviction or sentence was based on a person’s race, ethnicity, or national origin.

In addition, as part of its ongoing criminal justice reform, the state legislature, recognizing the need for more equitable sentencing, enacted two seminal bills, SB 1437 and SB 775, which effectively eliminated the role of the natural and probable consequences doctrine in murder cases and dramatically limited who can be charged with murder, manslaughter, or attempted murder under the felony murder doctrine. Both bills are retroactive and allow people who have been convicted under the old rules to petition the courts to have their convictions vacated and sentences recalled.

Finally, in an effort to eliminate some of the harshest sentencing enhancements in California, which have added years to countless individuals’ sentences, the state lawmakers have passed several important bills that could serve as a basis to petition the court for resentencing. Some of those laws include, SB 81, AB 2942, SB 1393, and AB 256 among others.

At the Justice Firm, we fight zealously to protect our clients’ rights and we believe that everyone is entitled to the opportunity to build a better future. If you or a loved one is facing criminal charges, or needs assistance with a post-conviction relief, our highly skilled and compassionate attorneys are here to help and to answer any questions you might have. You can contact our experienced California Criminal and Immigration attorneys today for a case evaluation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

AB 600 was signed into law by Governor Newsom on October 8, 2023, and came into effect on January 1, 2024. The new law provides changes to PC 1172.1 and expands the authority of judges to initiate resentencing. Prior to the enactment of AB 600, courts’ authority to recall a sentence was limited to 120 days following the date of commitment to state prison or county jail or with the recommendation of the district attorney or the California Department of Corrections and Rehabilitation (CDCR).

Now, AB 600 allows courts to recall a sentence and initiate resentencing at any point in time, if the sentencing laws applicable at the time of sentencing have subsequently changed, including sentencing enhancement laws, strike laws, or any other sentencing rules.

In addition to allowing judges to initiate resentencing when the applicable laws have changed, AB 600 mandates judges to consider post-conviction factors, including the defendant’s disciplinary and rehabilitation record while incarcerated; the defendant’s age and time served; and whether the circumstances have changed to the point that continuous incarceration is no longer in the interest of justice.

Moreover, the law requires courts to assess whether the defendant’s constitutional rights had been violated and to determine whether the defendant had experienced physical, psychological, or childhood trauma, or if the defendant was a youth at the time of the offense, and whether any of these factors contributed to the commission of the offense.

In addition, during resentencing proceedings, AB 600 gives courts full discretion to reconsider the imposition of prior strikes. According to the legislature, courts should not only consider the Romero factors, but also PC 1385 as amended by SB 81.

Finally, AB 600 mandates presumption in favor of resentencing, which can be refuted only if the court determines that the defendant poses “unreasonable risk of danger to public safety.” Absent this, the legislature mandates that, if a court concludes that resentencing is appropriate, such resentencing should result in a “meaningful modification.”

Given the huge impact that a resentencing hearing could have on a defendant’s life, it is vital that you hire an experienced appeals attorney who specializes in post-conviction matters. At the Justice Firm, we understand that the attorney-client relationship is an important aspect of your legal journey and our highly skilled attorneys are here to help and answer any questions you might have.

If you or a loved one have questions about AB 600 or any other post-conviction relief options, contact our California appeals attorneys today for a case evaluation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

Overwhelming evidence has demonstrated that sentencing enhancements have not been the successful deterrent to crime they were designed to be, but even more than that, they have failed to improve public safety and have resulted in unnecessarily long mass incarcerations and inequity. As a result, in the last several years, California’s leaders and legislatures have worked hard to correct the harm caused by unjust and disproportionately long sentences. Some of the most important laws that were enacted include SB 1393, AB 2942, and SB 81.

SB 1393 or The Fair and Just Sentencing Reform Act of 2018, reformed the law on one of the most commonly used sentencing enhancements in California, namely the 5-year enhancement given for each prior serious felony conviction when a person is currently charged with a serious felony. Prior to 2019, the law specifically prohibited judges from using their discretion to dismiss the 5-year enhancement for prior serious felony. That changed with the enactment of SB 1393. SB 1393 eliminated the mandatory application of the prior serious felony enhancement and allowed judges to use their discretion to strike the enhancement in furtherance of justice.

While SB 1393 is not retroactive, along that bill, the California legislature also passed AB 2942, which, just like SB 1393, went into effect on January 1, 2019. Prior to AB 2942, district attorneys had no way of revisiting sentences or recommending a sentence recall and reduction. However, the new law granted district attorneys the discretionary power to revisit cases and determine whether further incarceration is actually in the interest of justice. If a district attorney decides to make a recommendation, it is then within the discretionary power of the court to decide whether to grant a recall hearing. Under the law, the court has the authority to look at a wide range of factors, including post-conviction factors and any new laws that have been passed, including laws invalidating certain enhancements.

In addition, in 2021, the state legislature passed SB 81, which came into effect on January 1, 2022. This bill instructs courts to give great weight to mitigating evidence presented by a defendant, and to dismiss an enhancement if it is in the furtherance of justice. The bill specifically lists nine mitigating circumstances, which if present, should weigh heavily in favor of striking an enhancement. Moreover, the new law instructs judges that the list is not exhaustive, and that the courts retain the authority to strike an enhancement whenever it will be in the interest of justice. While SB 81 is not retroactive, courts can apply it in all cases that come before them for resentencing purposes.

At the Justice Firm we believe that it’s very important to work with a reliable and experienced attorney who specializes in post-conviction matters. We know that the attorney-client relationship is an important aspect of your legal journey and our highly skilled attorneys are here to help and answer any questions you might have.

If you or a loved one is serving a lengthy prison sentence and have questions about any of the above laws, or if you think that these or any other new laws could impact your case, contact our California appeals attorneys today for a case evaluation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

One of the main principles of the criminal justice system is that the punishment has to fit the crime. Unfortunately, California’s hyper punitive policies enacted in the 1980s and 1990s, resulted in a serious distortion of one of the most basic legal standards of the criminal justice system. By the end of the 1990s, California’s legislature had managed to enact more than one hundred different enhancements, which have added years to the prison sentences of majority of inmates. The State’s aggressive sentencing enhancement laws have led to mass incarceration, overburdening of the state’s budget, and most importantly, have disproportionately affected marginalized and minority communities and their economies.

There have been numerous studies on enhancements that have shown that adding time to an already lengthy sentence has not been a successful deterrent to crime and has not had a positive impact on public safety. In line with these studies, the California legislature has been working hard to enact laws that will prevent the application of indiscriminate sentence enhancements while still allowing judges to impose harsh and lengthy sentences when the conduct demands it.

One of the most commonly used sentence enhancement has been the California Penal Code §667(a), which is a 5-year enhancement given for each prior serious felony conviction when a person is currently charged with a serious felony. Prior to 2019, courts were mandated to add the 5-year enhancement and they were prevented from considering the specifics of a case, the seriousness of the offense, or the defendant’s history and other mitigating circumstances.

Penal Code §1385 states that a judge may dismiss an action in furtherance of justice, which provides judges with a broad discretion to strike enhancements. This allows judges to tailor a sentence to a particular case and defendant, which can help ensure that the given sentence is proportional to the conduct in question and eliminates mandatory and arbitrary sentences, which can only lead to unjust and discriminatory results. However, prior to 2019, the law specifically prohibited judges from using their discretion under PC 1385, when it came to the application of the 5-year enhancement for prior serious felony.

That changed with SB 1393, which came into effect on January 1, 2019. SB 1393 eliminated the mandatory application of the 5-year prior serious felony enhancement, and allowed judges to use their discretion under Penal Code §1385 to strike such enhancements in furtherance of justice. As a result of the enactment of SB 1393, judges are now allowed to consider the specific facts and the conduct of the defendant, as well as any mitigating circumstances or factors.

While the Fair and Just Sentencing Reform Act is not retroactive, along SB 1393, the California legislature also passed AB 2942, which amended Penal Code Section 1172.1 and allowed courts to accept recommendations from the district attorney of the county in which the defendant was sentenced, to recall and resentence a person.

At the Justice Firm we believe that it’s very important to work with a reliable and experienced attorney who specializes in post-conviction matters. We know that the attorney-client relationship is an important aspect of your legal journey and our highly skilled attorneys are here to help and answer any questions you might have.

If you or a loved one is serving a lengthy prison sentence and have questions about this law, or if you think that this or any other new law could impact your case, contact our California appeals attorneys today for a case evaluation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

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.

The law requires that the sentencing court, upon verification that the current judgment of an identified inmate includes one of the repealed sentence enhancements, recalls the original sentence and resentences the defendant. All reviews and resentencing have to be completed by October 1, 2022, for defendants that have served their base term, and by December 31, 2023, for all other individuals that have a repealed enhancement added to their sentence.

The new law allows the courts to consider various post-conviction factors, including age, physical condition, time served, record of rehabilitation and disciplinary record, as well as evidence that show changed circumstance that would deem the continued incarceration a miscarriage of justice. Notably, the new bill prevents the courts, under any circumstances, from imposing a longer sentence than the original. Furthermore, unless there is clear and convincing evidence that imposing a lesser than the original sentence would endanger public safety, at the resentencing, the court must impose a lesser sentence. Moreover, unless the court had originally imposed the upper term or upon resentencing finds that there are aggravating circumstance that justify deviation from the middle term, the sentencing court is barred from imposing a sentence exceeding the middle term. Finally, the sentencing court is required to appoint counsel for any inmate who is potentially eligible for resentencing.

We understand that it can be hard to trust someone after hardship related to life-changing trauma. This is why we believe that it’s very important to work with a reliable and experienced attorney who specializes in post-conviction matters. At the Justice Firm, we know that the attorney-client relationship is an important aspect of your legal journey. While the new law provides for appointment of a public attorney, it can be beneficial to hire an experienced attorney, who can gather evidence and present all arguments that would result in the lowest incarceration term possible.

If you believe that you are eligible for SB 483, contact our California appeals attorneys today for a case evaluation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

Enhancements in these types of cases meant those convicted may be sentenced to an additional ten or 20 years in prison, or even a life term depending on the circumstances of the case. While the new law does not give judges permission to completely do away with enhancements altogether, it does give judges at the local level the discretion to determine on a case-by-case basis whether the enhancement given an individual should be shorter or longer depending on the circumstances and facts of the crime. In simple terms, a judge may make the decision as to whether an offender who was given a 20 year sentence enhancement should have perhaps been given a ten year enhancement instead, or even life in prison in extremely serious felony cases involving the use of a firearm.

So is SB620 retroactive, meaning those who have received sentencing enhancements for felony crimes involving a firearm prior to the passage of this bill are eligible to have their enhancements reexamined? Yes, in situations where an offender’s sentence is enhanced by 20 years or a life term. While you may be eligible for less harsh sentencing enhancement, resentencing is generally reserved for those who have committed what are considered less serious felony offenses such as drug possession or low level theft. Not everyone has the opportunity to reduce an enhanced sentence, particularly those who have been found guilty of what are considered extremely serious or heinous crimes. Do all felons have access to equal protection? This is a question many criminal defense attorneys have pondered, and one that may be vigorously contested in the future.

While SB620 is retroactive, many offenders and families of offenders wonder about the future. Could a convicted felon possibly have his or her rights to own a firearm restored following a ten year enhancement? Does Prop 47 which allows some felony convictions to be reclassified as misdemeanors play a role? There are many questions still to be considered when it comes to SB620 and sentencing enhancements. The most important step you can take is to consult with an experienced and qualified Los Angeles criminal defense attorney.