When Probation Conditions Go Too Far: California Court Protects Rights While Upholding Public Safety
When Probation Conditions Go Too Far: California Court Protects Rights While Upholding Public Safety At Wallin & Klarich, we understand that even after a conviction, the rights of individuals must still be respected. A recent California Court of Appeal decision involving Daniel Bray illustrates how courts balance public safety with constitutional protections—and why having experienced criminal defense attorneys is so critical, especially in cases involving probation conditions. Our experienced criminal…
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Can You Be Banned from All Social Media as a Condition of Probation? The Court Says YES
Can You Be Banned from All Social Media as a Condition of Probation? The Court Says YES At Wallin & Klarich, we’re often asked: Can the court really ban me from using all social media while I’m on probation or supervision? A recent California case answers that question clearly: Yes—if social media played a role in the offense, a total ban may be legal. Our experienced criminal defense attorneys at…
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The Effect of Active Probation on Petitions for Sealing Juvenile Records – Welfare and Institutions Code Section 786
The Effect of Active Probation on Petitions for Sealing Juvenile Records - Welfare and Institutions Code Section 786 Facing accusations and navigating the intricate legal system can be incredibly daunting, especially for juveniles. If you or a loved one has encountered the juvenile justice system, you might be aware of the importance of having your juvenile records sealed. However, what happens when you're still on probation for another case? This…
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People v. Faial (2022): Amended Law Shortens Probation Period
People v. Faial (2022): Amended Law Shortens Probation Period The California Court of Appeals reviewed the issue of whether Assembly Bill 1950, which generally limits probation terms to two years, does not apply to prior sentences when the trial court's termination of a defendant's probation occurred before the bill’s effective date, in People v. Faial. In 2015, Mr. Faial was charged with first-degree burglary, petty theft with a prior theft-related…
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IF YOU ARE CURRENTLY ON PROBATION NEW LAW MAY ALLOW YOU TO SHORTEN OR GET OFF OR PROBATION NOW
IF YOU ARE CURRENTLY ON PROBATION A NEW LAW MAY ALLOW YOU TO SHORTEN OR GET OFF OR PROBATION NOW A new law went into effect on September 30th, 2020. Assembly Bill 1950 which amended Penal Code section 1203.1(a) which now states the maximum amount of time a person convicted of a felony can be placed on probation is 2 years (absent specific exceptions). Prior to this new law,…
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UPCOMING CHANGES TO PROBATION IN CALIFORNIA
UPCOMING CHANGES TO PROBATION IN CALIFORNIA 2021 will bring about many changes much needed changes to our criminal justice system. One of these changes is California Assembly Bill 1950 [AB 1950]. AB 1950 changes the existing law to set the maximum term of probation for most misdemeanor cases to one year and the maximum term of probation for most felony cases to two years. What Is Probation? After being convicted…
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California Court of Appeals Finds that Requiring Probationer to Surrender Electronic Devices to Search at Any Time was Burdensome and Intrusive
California Court of Appeals Finds that Requiring Probationer to Surrender Electronic Devices to Search at Any Time was Burdensome and Intrusive Probation Restrictions Many people might be surprised to know that a judge cannot simply impose any restriction or condition simply because they are on probation. Probation is a condition placed on a defendant following a criminal conviction. This condition allows the client to serve little to no jail while…
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Your Good Conduct in Custody Can Now Satisfy “Honest and Upright Life” Requirement for Expungements [Penal Code section 1203.4a(a)]
Your Good Conduct in Custody Can Now Satisfy “Honest and Upright Life” Requirement for Expungements [Penal Code section 1203.4a(a)] Does a criminal defendant’s subsequent good conduct while serving in custody time count as rehabilitation for expungement purposes per Penal Code section 1203.4a(a)? That’s precisely the question the California Supreme Court sought to answer in their recent review of a trial court’s denial of a criminal defendant’s expungement in People v.…
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New Notice Requirements if You Wish to Terminate Probation Early
New Notice Requirements if You Wish to Terminate Probation Early Courts have the authority to terminate probation early. That is, if you were placed on probation for 36 months, you have the ability to ask the court to reduce that time period and the court, if it is convinced there is a good reason to do so, can do so. (See Pen. Code, § 1203.3.) What Does AB 433 Do?…
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A Change in the Law Makes Probation Life a Little Easier
A Change in the Law Makes Probation Life a Little Easier Court Fines & Probation Violation A change to California’s laws in 2020 regarding probation has just made life under probation a little less stressful. Failure to pay court-ordered fines, fees, or assessments used to mean that you automatically would have your probation revoked, and that you were headed to jail or prison. Starting this year, AB 1421 changes that for…
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