Do You Qualify for Resentencing Under Proposition 47?
Do You Qualify for Resentencing Under Proposition 47? In November 2014, California voters passed a new law that changed the state’s approach to sentencing. Proposition 47 (also known as the “Safe Neighborhoods and Schools Act”) reduced the penalties for certain drug and theft crimes. In many cases, district attorneys no longer have the option of prosecuting “wobblers” – crimes that could be charged as either a misdemeanor or felony –…
Read MoreRecanting a Statement (PC 118)
Recanting a Statement (PC 118) You have probably heard or read in the news about a witness or an alleged victim who recants a statement made to the police. This often happens in domestic violence cases, where an alleged victim will tell police he or she is being abused only to recant the story after learning his or her spouse or partner may go to jail. It can also happen…
Read MoreProp 47 Sentence Reduction Process
Prop 47 Sentence Reduction Process Passed in November 2014, Prop 47 reduces certain low-level and non-violent felonies and wobblers to misdemeanor offenses. If you have a current or previous offense that falls under the list of reduced crimes, you may be eligible to have the felony on your record reduced to a misdemeanor. The crimes that Prop 47 reduced to misdemeanor offenses include: Possession of a controlled substance Theft (including…
Read MoreHow Your Attorney May Prevent Any Charges From Being Filed Against You
How Your Attorney May Prevent Any Charges From Being Filed Against You What most people do not understand is that a person, even if arrested by the police, is not formally charged with a crime until/unless a prosecutor at the District Attorney’s office files a formal complaint with the clerk of Court. Before this happens, your attorney may be able to influence the prosecutor’s decision to file charges against you.…
Read MoreIs Not Saying Anything Perjury? (California Penal Code 118)
Is Not Saying Anything Perjury? (California Penal Code 118) Under PC 118, you can face a charge of perjury if you lie when you testify in court or if you are under oath. But what can happen to you if you choose not to say anything? Is that still considered perjury? What is Perjury? (PC 118) Under California Penal Code Section 118, it is illegal for you to intentionally give…
Read MorePenal Code 977(a) and its Impact on Your Criminal Case
Penal Code 977(a) and its Impact on Your Criminal Case In most misdemeanor cases, Penal Code Section 977(a) allows your criminal defense attorney to appear for you in court so that you don’t have to. If you are facing criminal charges, you need to speak to an experienced criminal defense lawyer to find out if we can appear in court for you. Benefits of the Law Hiring a skilled attorney…
Read MoreHow Can I Avoid Jail Time by Doing House Arrest? (PC 1203.016)
How Can I Avoid Jail Time by Doing House Arrest? (PC 1203.016) Being ordered to serve time in a county jail is a common punishment for many crimes under California law. However, some offenders may be eligible to serve their time at home. An alternative to jail time is house arrest. Also referred to as Supervised Electronic Confinement (SEC) or home detention, house arrest is provided for under California Penal…
Read MoreConsequences of Threatening a Police Officer or Agency
Consequences of Threatening a Police Officer or Agency Recently, nine men were arrested in New York City for making threats against police officers. Some of the men phoned in threats, others posted threats online, and one man walked into a precinct office and harassed officers in person. 1 These threats followed the December 2014 shootings of NYPD officers Rafael Ramos and Wenjian Liu. 2 Threatening a police officer could lead to…
Read More5 of the Biggest White Collar Crimes Ever Committed
5 of the Biggest White Collar Crimes Ever Committed You might think the term “white-collar crime” sounds less serious than crimes like murder, assault, and armed robbery, but these crimes can cost thousands of people their jobs and their financial security. Because of the high stakes involved with white collar crimes, those who are convicted of committing these types of offenses face severe consequences. Let’s take a look at five…
Read MoreIf You Help a Loved One Die Peacefully, You Could Face the Chance of Going to Jail Under Penal Code 401 PC
If You Help a Loved One Die Peacefully, You Could Face the Chance of Going to Jail Under Penal Code 401 PC So many families go through the trauma of watching as a loved one slowly dies from an excruciatingly painful disease. What if your loved one was begging you to help them end their life so they can pass with “dignity?” It would be so easy to help them…
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