Navigating New Horizons in Justice: A Legal Insight into CA Prop 36 and Sentencing Evolution
Navigating New Horizons in Justice: A Legal Insight into CA Prop 36 and Sentencing Evolution The November 2024 election could bring significant changes to California's legal landscape, particularly for individuals facing criminal charges. Proposition 36, a major talking point in the legal community, aims to reform the state's sentencing laws. For those accused of crimes, understanding this proposition could provide critical insights into potential outcomes and strategies. This blog post…
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How Aggravating and Mitigating Factors Can Alter Your Sentence Length
How Aggravating and Mitigating Factors Can Alter Your Sentence Length Understanding California's sentencing rules can be daunting, especially for those facing criminal charges. Understanding the delicate balance between aggravating and mitigating factors is crucial for accused individuals. These factors, which can either increase or decrease the severity of a sentence, play a vital role in determining the outcome of a case. This blog post will unravel the complexities of these…
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The Jury and Not The Judge Will Decide What Your Sentence Will Be If You Are Convicted of Most Felonies - Penal Code Section 1170
The Jury and Not The Judge Will Decide What Your Sentence Will Be If You Are Convicted of Most Felonies - Penal Code Section 1170 One crucial aspect of felony cases is determining whether "aggravating factors" exist, which can significantly increase your prison sentence if convicted. Under California Penal Code Section 1170, it's not a judge but a jury that must decide on these aggravating factors. Let's explore how this…
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What Crimes Require An Ankle Monitor In California?
What Crimes Require An Ankle Monitor? There are a variety of reasons that a court may issue an ankle monitor on someone. One of the most common is as an alternative way of sentencing. For those that qualify for this, instead of jail time, they will receive an ankle monitor to be worn. Other reasons for issuing an ankle monitor include pretrial release, probation. Additionally, in California, certain crimes require…
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Supreme Court Rules for Inmates Seeking Reduced Prison Sentences
Supreme Court Rules for Inmates Seeking Reduced Prison Sentences What Is the First Step Act? In order to understand the Supreme Court ruling earlier this week regarding reduced prison sentences for inmates, it is first necessary to understand what the First Step Act is. In December of 2018, then-President Trump signed the First Step Act into law. The act was part of a bi-partisan effort to reform the criminal justice…
Read More4 Reasons You Should Not Accept a Plea Bargain at Your First Court Appearance
4 Reasons You Should Not Accept a Plea Bargain at Your First Court Appearance At Wallin & Klarich, we have 40+ years of experience defending our clients from criminal charges in and out of the courtroom. We have found that it is very common for people to want to end their case as soon as possible, even if it means they do not obtain the best outcome in their case.…
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What is a Statement of Mitigation and How Could It Help Me in Sentencing?
What is a Statement of Mitigation and How Could It Help Me in Sentencing? When you are convicted of a crime, you probably think your case is over. However, one of the most important steps comes next: sentencing. Sentencing is where the court determines the penalties you will face for your conviction. The good news is that if your lawyer is experienced, then he will file a Statement in Mitigation…
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What is the Purpose of Sentencing? (AB 2590)
What is the Purpose of Sentencing? (AB 2590) If you are convicted of a crime, you will face whatever sentence that is handed down to you. The concept of crime and punishment is nothing new, and it is one that has been adopted by nearly every government in the world. However, many debate the effectiveness of sentencing and whether it solves the problem of crime. In California, a new law…
Read MoreHow AB 2124 Affects Your Case in Los Angeles
How AB 2124 Affects Your Case in Los Angeles Recently, Gov. Jerry Brown signed Assembly Bill No. 2124 into California law. AB 2124 calls for Los Angeles County to develop a pilot program to allow a superior court judge to delay the entry of a defendant’s guilty plea and defer sentencing for first misdemeanor offenses for up to one year. What Exactly Does AB 2124 Do? On Jan. 1, 2015,…
Read MoreGovernor Brown Presses for Split Sentencing (AB 109)
Governor Brown Presses for Split Sentencing (AB 109) Reductions in California’s prison population have caused overcrowding in county jails across the state. To help relieve some of the burden on local jails, the California Legislature authorized sentencing reform when it passed Assembly Bill 109 (AB 109), the California Criminal Justice Realignment Act of 2011. As part of AB 109, judges are permitted to impose what is known as a “split…
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