SB 136 Imposes An Additional 3-Years to Violent Felony Sentences

SB 136 Imposes An Additional 3-Years to Violent Felony Sentences

California State Bill 136 is a new bill in 2020 that modifies sentencing for defendants facing sex crimes. The new bill would impose an additional one-year term served for each prior separate prison term served for a conviction of a sexually violent offense. The current law imposes an additional 3-year sentence for each prior separate prison term served by a defendant where the offense was a violent felony. For all…

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Your Constitutional Right to Confront Your Accuser in Court

State legislatures and prosecution lobbyists frequently find ways to have laws enacted that erode valuable constitutional rights. Not least among these rights is the Sixth Amendment's right to confront your accusers in open court. Minor in Court In California, current law (Penal Code § 1347) allows a trial court to order that the testimony of a minor may be had by way of a closed-circuit television system where the minor…

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Can You Have a Felony and Not Go to Jail? (PC 1170(h))

  Most people assume that if they are convicted of a felony, they will be sent to prison. In many cases, this is true. However, California law allows judges to offer alternative sentencing for some felony offenses. Alternative sentencing includes probation, pre-trial diversion and other programs designed to reduce the number of people being held in jail or prison. With the help of an experienced criminal defense attorney, you may…

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Arrested_4

10 Steps You Need to Take if You are Charged with a Felony

Regardless of what crime you are charged with, a felony is an extremely serious matter. If you are convicted of a felony, you are likely facing prison time, fines, and penalties that will punish you well after you have served your time. To have a chance to avoid these serious felony consequences, you need to take the proper steps from stage one of your case. Here are the steps you need…

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Hit-run-2

When is Hit and Run a Felony in California? (VC 20001)

When you cause a vehicle collision, it can be very scary. For some people, the easiest way to deal with this is by driving away. However, you should never leave the scene of a car accident. If you do, you could face hit and run charges under California Vehicle Code Section 20001. In certain situations, you could face felony charges for hit and run. Hit and Run (VC 20001) Under…

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Text-and-Drive

How Giving a Child a Ride Home Could Get You in Serious Trouble (PC 207, 272(b), 278, 288)

You’re driving home on a rainy day. Your route takes you past the local school, and you see your neighbor’s 12-year-old son walking home in the rain. You pull over and tell the child to hop in for a lift home. Knowing his parents will not be home for another hour or so, you decide that it would be best if you have him stay with you so that he…

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domestic violence felony

When Does Domestic Violence Become a Felony in California?

For many crimes under California law, the prosecutor has the choice to charge the defendant with either a misdemeanor or a felony. The choice is generally based on the severity of the harm done to the victim, the use of a weapon, or other aggravating factors. This is true in domestic violence cases. Like with other crimes, whether you are charged with a felony for domestic violence depends on the…

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What Does being Charged with a “Wobbler” Offense in California Mean?

The term "wobbler" is one that is frequently used with regards to the penalties, punishment and sentencing associated with California crimes. However, many people are unfamiliar with what the phrase "wobbler offense" actually means. What is a Wobbler Offense in California? California law defines a "wobbler" offense as an offense that prosecutors can elect to file as either a misdemeanor or a felony. How you will be charged will depend…

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You Need Three Or More Convictions For the Prosecution To Charge A Felony Petty Theft

If you're like most people, you've probably been tempted to steal something before in your life -- not something as expensive as a car, but maybe a pack of batteries or a pair of socks. You think nobody will get hurt by taking these action; it's only a small item. The reality is that the person who could face the most consequences isn't the store owner, but it is you.…

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How Your Sentence Can Be Affected by Gang Affiliation PC 186.22

Sentencing for a felony depends on a number of factors that range from the court’s discretion to the level of violence involved in the felony. In California, sentencing can be enhanced to include a greater punishment if it is found you were involved with a gang when you committed a felony offense. The History of Penal Code 186.22 In response to increasing and widespread gang violence, California legislators enacted the…

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