Articles Posted in Life Without the Possibility of Parole

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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

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.

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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

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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.

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On October 8, 2023, California took a significant stride in criminal justice reform with the enactment of Assembly Bill 600, widely referred to as “AB 600”. This legislative development, approved by Governor Newsome, marks a paradigm shift in the state’s approach to resentencing hearings for inmates, introducing the concept of Judicial Initiated Sentencing. In this article, we will discuss AB 600, how it came about, how it works, and what applicants may anticipate if filing for an AB 600 “judicial initiated” resentencing.

Understanding AB 600: An Evolution in Resentencing

AB 600 stands as a pioneering California law designed to augment judges’ discretion in ordering resentencing hearings for inmates serving extended sentences for serious crimes. To grasp the nuances of AB 600, it is crucial to contrast its provisions with the previous legal landscape.

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California’s felony sentencing guidelines are established by the California Penal Code and the California Rules of Court.

  • The California Penal Code (Section 1170) sets forth the basic framework for felony sentencing in the state, including the three strikes law, determinate sentencing, and alternative sentencing options such as drug treatment programs and community service.
  • The California Rules of Court (Rule 4.408) provides more detailed information on the sentencing process, including the procedures for imposing and challenging a sentence, the calculation of good conduct credits, and the rules governing parole and probation.
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California Court of Appeals rules for Power Trial Lawyers client after the firm successfully brought a Writ of Habeas Corpus. The Appellate Court remnded the case back to the Superior Court for an evidentiary hearing.

Power Trial Lawyers, P.C. successfully argued a client’s case in the California Appellate Court, Second District, forcing the case back to the Los Angeles County Superior Court for an evidentiary hearing.

On December 1, 2022, after nearly 20 months of review, the California Appellate Court, Second District issued an order in a Power Trial Lawyers, P.C., case that involved a client who was deprived of their right to effective counsel. Even worse, at the trial level, the Client’s former attorney did not properly object to the admission of contents of the client’s cell phone that was obtained from a warrantless search pursuant to Penal Code § 1538.5 and Riley v. California (2014) 573 U.S. 373. 

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On August 8, 2022, the California Supreme Court decided a long-awaited case that affects SB 1437 Petitions for individuals convicted of Special Circumstance Murder when they ruled in the case of People v. Christopher Strong. Specifically, the Supreme Court ruled that some special circumstance findings do not automatically preclude defendants from SB 1437 relief.

Background Regarding SB 1437

dreamstime_xl_15103637-750x422-1-300x169In 2019, SB 1437 was enacted, amending Penal Code § 188 and § 189 and creating Penal Code § 1170.95. Pursuant to SB 1437, accomplice liability for felony murder and murder by way of the natural and probable consequence doctrine was substantially changed, allowing individuals convicted to seek to vacate their murder convictions and obtain resentencing relief. Resentencing is available for individuals convicted of murder, attempted murder, and/or manslaughter if they demonstrate:

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Another Power Trial Lawyers, P.C. Client is spared from his sentence, when Governor Newsom granted his Application for Commutation of Sentence. His family and friends were elated to hear that the Power Trial Lawyers, P.C. client was sparred from his Life Without the Possibility of Parole sentence. Power Trial Lawyers, P.C. represented the client through the Clemency process, where we advocated for his rights before the Parole Board.

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In granting the Application for Commutation of Sentence, Governor Newsom indicated the following about Power Trial Lawyers, P.C.’s client:

In 1986, Jose Garcia and his crime partners kidnapped two victims who owed them money, held them for ransom, and beat them. On April 26, 1988, the Superior Court of California, County of Los Angeles, sentenced Mr. Garcia to life without the possibility of parole for kidnapping for ransom, five years for kidnapping, plus four years of sentence enhancements.

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California Criminal Appeals Lawyer Comments on Recent Criminal Justice Headlines

Recently, Attorney Matthew Barhoma, appeared on Court TV to discuss several of the nation’s highest-profile criminal cases.

 Ahmaud Arbery

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The writ of habeas corpus, or the “Great Writ” as it is also known, is a powerful tool. The writ of habeas corpus calls for the review of an individual’s incarceration, requiring the government to justify why it is holding someone in custody. When properly used, a writ of habeas corpus can compel the release of an inmate. However, as powerful as the Great Writ is, it is also commonly misunderstood. These misunderstandings can often result in inmates improperly filing for habeas relief, possibly risking proper review in the future. In the post, leading California criminal appeals lawyer explains: (1) what a Writ of Habeas Corpus is; (2) the differences between state and federal writs of Habeas Corpus, and (3) the requirements of Exhausting your state legal remedies.

What Is a Writ of Habeas Corpus?

Simply put, a writ of habeas corpus calls into question the continued incarceration of an individual. Thus, aside from direct appeal relief, a petition for writ of habeas corpus is another important way for inmates to challenge their conviction or sentence. However, unlike an appeal, a writ of habeas corpus does not give a petitioner the chance to relitigate their case. Writs of habeas corpus are limited to situations in which someone is incarcerated due to an incorrect application of law or newly present circumstances justifying their release.

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