AB3234 Provides Those Accused of Many Misdemeanors A New Diversion Option To Avoid Jail And A Criminal Record
AB3234 Provides Those Accused of Many Misdemeanors A New Diversion Option To Avoid Jail And A Criminal Record
AB3234 Provides Those Accused of Many Misdemeanors A New Diversion Option To Avoid Jail And A Criminal Record With the pandemic surging in numbers, coronavirus is still a concern in California prisons. The state’s justice system has implemented several protocols in response. One such response is the passing of AB 3234. Beginning January 1, 2021, California will now be able to take steps to ease overcrowding while expanding opportunities for…
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The Elderly Parole Program
If you know someone who is incarcerated and they are over 50 years old and they have served more than 20 years of their sentence in custody, they may be eligible for early release from custody through the Elderly Parole Program [AB 1448]. In 2020, the Legislature passed AB 3234, which was codified as Penal Code Section 3055. Under the old rule, to be eligible for entry into the Elderly…
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Can Police Enter a Home When They are Chasing a Person for a Misdemeanor?
Can Police Enter a Home When They are Chasing a Person for a Misdemeanor? The Fourth Amendment to the United States Constitution and article I, section 13 of the California Constitution protect against warrantless entry by police into a residence to seize a person, because this seizure is presumptively unreasonable and lawful absent exigent circumstances. However, exigent circumstances may arise when officers are responding to or investigating criminal activity, such…
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“Harmless Errors” By the Court May Not Affect the Verdict
“Harmless Errors” By the Court May Not Affect the Verdict People v. Schultz (2020) Defendant Michael Schultz (“Schultz”) was convicted of first-degree murder of Cynthia Burger (Penal Code § 187(a)) by a jury, finding true the special circumstance allegations that the murder was committed while Schultz was engaged in the commission of rape and burglary (PC § 190.2(a)(17)(C),(G)). After the penalty phase trial, the jury returned a verdict sentencing Schultz…
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If you were convicted under the Provocative Act Murder Rule you may not get relief under SB1437
If you were convicted under the Provocative Act Murder Rule you may not get relief under SB1437 On November 19, 2020, the California Court of Appeals affirmed (i.e. upheld) a prisoner’s murder conviction. The appellant in this case, prisoner Derrick Swanson, was involved in a robbery of a gas station in Long Beach, California in the 1990’s. After robbing the gas station attendant and firing a shot at the…
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What duty does an attorney owe to their client?
What duty does an attorney owe to their client? In the U.S. Constitution, the Sixth Amendment guarantees a criminal defendant the right to an attorney for assistance with their defense. To supplement that law, Rule 1.1 of Professional Responsibility states that “a lawyer shall provide competent representation to a client”. The client-lawyer relationship is extremely important, and lawyers owe a duty to their clients to provide zealous representation. When that…
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Changes to the Felony Murder Statute in California SB 1437
Changes to the Felony Murder Statute in California SB 1437 In 2018, the Legislature enacted Senate Bill No. 1437, which amended the felony murder statute to read that a defendant is only guilty of felony murder if he: actually killed the victim, directly aided and abetted or solicited in the killing, or otherwise acted with the intent to kill; or was a major participant in the underlying felony and acted…
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Can someone be charged with First Degree murder if they never actually killed anyone?
Can someone be charged with First Degree murder if they never actually killed anyone? Did you know that you can be convicted of murder even if you never killed anyone?. The case of In In re McDowell indicates that in fact you can be charged and convicted of murder in certain situations. In the case of Donald William McDowell, Mr. McDowell and his accomplice broke into the home of a…
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In California, the Mere Presence of Lawfully Possessed Marijuana in a Vehicle Does Not Provide Probable Cause for Police to Search the Vehicle
In California, the Mere Presence of Lawfully Possessed Marijuana in a Vehicle Does Not Provide Probable Cause for Police to Search the Vehicle The Fourth Amendment to the U.S. Constitution provides the people have a right to be secure in their person, houses, possessions, and papers and that the government (i.e., police officers) cannot conduct a search or seizure, absent probable cause and the issuance of a warrant. However,…
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California Penal Code 1170.95 Empowers Anyone with a Felony Murder Charge to Shorten Their Sentence
On September 30, 2018, the California Legislature passed Senate Bill No. 1437, which became effective January 1, 2019. This bill made changes to felony murder and murder under a natural and probable consequences doctrine. Before Senate Bill No. 1437, defendants could be charged with murder even if they were not the actual killer, did not intend to kill, or were not a major participant in the underlying felony who acted…
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