Law legal justice

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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Supreme Court Ruling

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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Wallin & Klarich Orange County Criminal Defense Attorney Felony Murder

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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split sentences

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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Seeking Resentencing May Jeopardize Your Plea Bargain

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…

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California’s Modified Felony Murder Rule (PC 1170.95)

Applying for Resentencing Under California’s Modified Felony Murder Rule (PC 1170.95)

Applying for Resentencing Under California’s Modified Felony Murder Rule (PC 1170.95) Previously, you could be charged with murder under Penal Code Section 189 if you were involved in the commission of an inherently dangerous or enumerated felony and a person died as a result of the felony. It did not matter if you were the person who actually caused the death. However, California recently changed this law – called the…

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