Veteran Wins Appeal for Resentencing Under California Law
Veteran Wins Appeal for Resentencing Under California Law When you or a loved one is facing a lengthy prison sentence, it can feel like there is no hope for a second chance. But as the case of Eric Hayde shows, the law provides opportunities for resentencing — and having the right legal team on your side can make all the difference. Our experienced criminal defense attorneys at Wallin & Klarich…
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Understanding Your Rights Under California Penal Code 1172.1: A New Path to Resentencing
Understanding Your Rights Under California Penal Code 1172.1: A New Path to Resentencing In California's evolving criminal justice landscape, recent changes have opened new doors for individuals seeking to challenge their original sentences. One of the most significant developments is California Penal Code 1172.1, which provides a pathway for felony defendants to have their sentences reconsidered when circumstances suggest the original sentence may no longer be just or appropriate. Our…
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Menendez Brothers Resentencing: How Resentencing Can Get You Out Of Jail Now
Menendez Brothers Resentencing: How Resentencing Can Get You Out Of Jail Now The recent resentencing of Erik and Lyle Menendez this week marks a significant turning point in one of America's most notorious murder cases. After more than three decades behind bars, the brothers have been resentenced to 50 years to life in prison, making them immediately eligible for parole—a dramatic shift from their original sentence of life without the…
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Unlocking Second Chances: How Penal Code Section 1172.1 Can Lead to Resentencing
Unlocking Second Chances: How Penal Code Section 1172.1 Can Lead to Resentencing For individuals currently serving time in California prisons or jails, Penal Code Section 1172.1 offers a ray of hope. This groundbreaking legal provision enables a judge to revisit a defendant’s sentence and potentially resentence them for any number of reasons. These reasons can include changes in statutory or case law, as well as factors that were not adequately…
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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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A Prior Conviction May Be Resentenced With a Penal Code 1172.6 Petition
A Prior Conviction May Be Resentenced With a Penal Code 1172.6 Petition People v. Estrada In People v. Estrada, the defendant was charged with various offenses related to a violent incident. The charges included murder, attempted murder, and assault with force likely to cause great bodily injury. The incident involved multiple individuals engaged in a fight, resulting in the death of one person and injuries to others. During the preliminary…
Read MorePeople v. Fox: Seeking Resentencing May Jeopardize Your Plea Bargain
People v. Fox: Seeking Resentencing May Jeopardize Your Plea Bargain In a recent ruling, the First District Court of Appeal has held that a criminal defendant is entitled to seek resentencing if he was sentenced to the highest term without proof of aggravating circumstances. However, it is possible that doing so will jeopardize any existing plea bargain between the defendant and the prosecutor. If you would like to seek resentencing,…
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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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California Penal Code 1170.95 Empowers Anyone with a Felony Murder Charge to Shorten Their Sentence
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…
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San Fernando Valley Residents Convicted of a Crime May Be Eligible for Resentencing
San Fernando Valley Residents Convicted of a Crime May Be Eligible for Resentencing Effective December 8, 2020, the Los Angeles County District Attorney George Gascon created a new Resentencing Policy that will allow prisoners convicted of some serious crimes to qualify for resentencing. Under the new policy, up to 20,000 prisoners who were convicted of crimes in San Fernando Valley will be eligible for resentencing. The new directive is technical…
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