Los Angeles Criminal Defense and Appeals Lawyer Blog

A General Guide to California Sentencing and Resentencing

Published on: July 3, 2024 | by Power Trial Lawyers

Navigating the complexities of the California criminal justice system, especially when it comes to sentencing and resentencing, can be daunting. If you or a loved one is serving a lengthy prison sentence, it is important to fully understand all possible options for relief. In this post, our Los Angeles and Orange County Criminal Defense and Appeals lawyers will discuss several recent changes to the law that provide various ways to pursue sentencing and resentencing relief.

California Resentencing Laws–an overview

At Power Trial Lawyers, we believe that knowledge is power, especially when it comes to California sentencing law. We recognize that California’s sentencing laws are extraordinarily complex, and, adding to the difficulties, they frequently change. But at Power Trial Lawyers, that’s our job. We are passionate about achieving superior results for our clients in criminal defense and appeals cases. This article will cover Assembly Bill 600, California’s Racial Justice Act (AB 256), Penal Code 1172.1, Penal Code 1170(d) (People v. Heard), Penal Code 1385, and Assembly Bill 333.

Comprehensive Guide to Filing State Petitions for Writ of Habeas Corpus in California

Published on: July 3, 2024 | by Power Trial Lawyers

Navigating the criminal justice system can be complex, particularly when it comes to understanding the rights and processes involved in challenging a conviction or sentence. For those seeking to overturn wrongful convictions or address issues related to imprisonment, the state petition for writ of habeas corpus is a critical legal tool. This guide, based on information from the California Prison and Parole Law Handbook, provides a detailed analysis of the habeas corpus process, making it a valuable resource for anyone in need of legal guidance, especially those considering the expertise of a California Criminal Defense and Appeals Lawyer.

What is a Petition for Writ of Habeas Corpus?

A petition for writ of habeas corpus is a legal action that allows individuals to challenge their unlawful imprisonment or restraint. This legal remedy is available to anyone in custody under the authority of California state or local officials, including those in prison, county jail, juvenile detention, or state hospital commitments under Sexually Violent Predator (SVP) or Mentally Disordered Offender (MDO) laws. The broad scope of habeas corpus petitions in California encompasses both criminal law issues and prison or parole law issues and can be based on state or federal law.

Understanding the Appeals Process: A Guide by a California Criminal Defense and Appeals Lawyer

Published on: June 25, 2024 | by Power Trial Lawyers

Navigating the criminal justice system can be a daunting task, especially when it comes to the intricacies of the appeals process. For those convicted of crimes in California, understanding the rights and procedures related to direct appeals is crucial. This article provides a comprehensive analysis of the appeals process. This guide is particularly valuable for individuals seeking the expertise of a California Criminal Defense and Appeals Lawyer.

Introduction to Direct Appeals

Any person convicted of a crime in California has the right to a direct appeal from the final judgment, typically the commitment to prison or other sentencing orders. Direct appeals are also available to those who have been civilly committed as Mentally Disordered Offenders (MDOs) or Sexually Violent Predators (SVPs). The appeals process is an essential legal mechanism, allowing higher courts to review potential legal errors made during the trial or sentencing that could have affected the outcome.

Understanding California Penal Code § 1172.1: A Critical Resource for Resentencing

Published on: June 19, 2024 | by Power Trial Lawyers

Resentencing can be a complex and pivotal aspect of the criminal justice process, particularly in California where recent legislative changes have opened new avenues for inmates to seek sentence reductions. Penal Code § 1172.1 provides a structured framework for recalling and resentencing individuals, but the pathway to achieving this relief requires a nuanced understanding of the law and its application. This article delves into the intricacies of California Penal Code § 1172.1, offering a comprehensive analysis for prospective clients, particularly those seeking the expertise of a California Criminal Defense and Appeals Lawyer.

Background on Penal Code § 1172.1

California Resentencing Penal Code 1172.1

Frequently Asked Questions on Assembly Bill 256 and California’s Racial Justice Act

Published on: June 19, 2024 | by Power Trial Lawyers

Introduction

Assembly Bill 256 (AB 256) and the California Racial Justice Act (RJA) represent significant legislative efforts to address racial bias and discrimination within the California criminal justice system. This FAQ aims to provide comprehensive answers to common questions about these laws, focusing on their implications for criminal defense and sentencing.

Assembly Bill 256 – the Racial Justice Act

Frequently Asked Questions (FAQs) on People v. Heard and Penal Code §1170(d)(1)

Published on: June 19, 2024 | by Power Trial Lawyers

At Power Trial Lawyers, our criminal defense attorneys represent individuals who are facing criminal prosecution or are being considered for resentencing. In this article, we will discuss resentencing pursuant to Penal Code 1170(d) in context of the court’s decision in People v. Heard.

1. What is the People v. Heard case about?

Answer: The People v. Heard case is pivotal in California juvenile sentencing law. It involves a juvenile offender, Frank Heard, sentenced to 23 years plus 80 years to life for crimes committed at ages 15 and 16. Heard filed a petition under Penal Code §1170(d)(1), which allows juveniles sentenced to life without parole to seek resentencing after serving 15 years. The Court of Appeal ruled that juveniles given the “functional equivalent” of life without parole could also request resentencing, ensuring equal protection under California law. This case is crucial for California criminal defense attorneys handling juvenile cases.

Striking Firearms Enhancements in California: What You Need to Know

Published on: June 19, 2024 | by Power Trial Lawyers

Introduction

California’s legal landscape is ever-evolving, and recent changes to firearms enhancement laws significantly impact defendants facing charges involving firearm use. Penal Code sections 12022.5 and 12022.53 outline mandatory sentence enhancements for felonies committed with a firearm, adding years to a defendant’s sentence. However, recent amendments now grant judges discretion to strike these enhancements in the interest of justice. This article explores the implications of these changes, detailing applicable convictions, the exercise of judicial discretion, and the broader impacts on sentencing. For the most updated information, you should consult with a California Criminal Defense attorney.

This article will cover the following topics:

Manslaughter

Published on: June 18, 2024 | by Power Trial Lawyers

When facing manslaughter charges, the stakes have never been higher. Your rights, freedom, and future hinge on the legal representation you choose. At Power Trial Lawyers, we understand the uncertainty and intense pressure that comes with such severe allegations. Our seasoned defense attorneys possess the strategic knowledge and tenacity needed to navigate the complex landscape of the American legal system, offering help to those under the torment of manslaughter charges. As the accused, you have rights, and it’s vital to ensure they are defended rigorously and meticulously.

At Power Trial Lawyers, our unyielding commitment to your protection and freedom is paramount. For more information or to discuss your specific circumstances in confidence, contact us at (213) 800-7664 for your Free Consultation. We stand ready to battle on your behalf because you are not just a case number, you are considered a part of our Power Trial Lawyers family.

Definition of Manslaughter

Los Angeles and Orange County Criminal Defense Lawyer

Published on: June 18, 2024 | by Power Trial Lawyers

At Power Trial Lawyers, we understand the profound impact a criminal charge can have on your life. Our skilled and dedicated team relentlessly pursues every possible angle to defend your rights and secure your freedom. With a rich history of representing criminal defendants across a myriad of charges, we possess an in-depth understanding of the American legal system and the tactics necessary for a vigorous defense. Our absolute commitment to your case distinguishes us as a reliable ally during your legal battle. We navigate through the intricate legal maze, ensuring every aspect of your case is meticulously handled. Reach out to us at (213) 800-7664 for a free consultation to discuss your situation. At Power Trial Lawyers, we are your fortress amidst the tumultuous sea of criminal law, upholding your rights and protecting your future.

Burden and Standard of Proof in Criminal Cases

Accused of a crime? Remember, at our distinguished law firm, we firmly believe and uphold the fundamental presumption of innocence until proven guilty – a cornerstone of American jurisprudence. Accusations, allegations, and charges do not define you, establish guilt, or predict outcomes. These are simply legal hurdles that our experienced lawyers can help you navigate through. The prosecution always bears the heavy duty of proving each element of a criminal charge. It is not enough to merely suspect or believe you to be guilty, they must present irrefutable proof beyond a reasonable doubt to satisfy the strict requirements of the law. Our lawyers understand the complexity of this burden and use it to your advantage.

Understanding AB 333 and the California Supreme Court Case: People v. Burgos

Published on: June 4, 2024 | by Power Trial Lawyers

Introduction

Assembly Bill 333 (AB 333), also known as the STEP Forward Act of 2021, represents a significant shift in California’s approach to gang-related crimes. More recently, in June 2024, the California Supreme Court issued a pivotal ruling in the case of People v. Burgos, addressing the retroactive application of AB 333’s bifurcation provisions. This article delves into the details of the case, the implications of AB 333, and what this means for defendants and their legal representation, particularly in Los Angeles and Orange County criminal cases.

The Case: People v. Burgos