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
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 California Board of Parole Hearings, commonly known as the Board of Parole or BPH, is the division of the California Department of Corrections and Rehabilitation that is responsible for determining parole suitability for inmates in California. The Board holds hearings for inmates who are serving indeterminate sentences, such as life in prison with the possibility of parole or 25 years to life in prison. The BPH conducts hearings where inmates can present their cases for release, and victims or their families can also provide input. This Board’s role is to assess whether inmates are ready to be released back into society based on factors like their behavior in prison, rehabilitation efforts, and the nature of their crimes. The Board’s decisions are influenced by various factors, including public safety, the inmate’s own insight into their crimes, and their plans for reintegration into the community.
These hearings, often referred to as “lifer hearings,” are absolutely critical for anyone serving an indeterminate life sentence. Read on to learn more about the BPH, the factors the Board considers during lifer hearings, and why it is important to work with a renowned Los Angeles criminal appeals lawyer throughout the BPH process.
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.
If you’ve applied for or defended against a California restraining order, you may have noticed the term “CLETS” on some of the forms you filled out. CLETS stands for “California Law Enforcement Telecommunications System” and is used as a designation for certain restraining orders. The primary difference between a CLETS restraining order and a traditional restraining order is that law enforcement is authorized to arrest anyone in violation of a CLETS restraining order. While a violation of a non-CLETS order could also result in an arrest, that is rarely the case because non-CLETS orders are not entered into the CLETS database. Read on to learn about the other differences between CLETS and non-CLETS restraining orders.
Before you formally ask the court to grant a restraining order, you must fill out a few different forms. For example, if you are seeking a Domestic Violence Restraining Order, you will need to complete the Request for Domestic Violence Restraining Order (DV-100), where you’ll provide some basic information about yourself and the abusive party and outline the abuse they’ve subjected you to. In addition, you are required to complete form CLETS-001 – Confidential CLETS Information.
Recently, California lawmakers passed Assembly Bill 333, which is just one of the recent criminal justice reforms targeting the state’s outdated sentencing laws. Assembly Bill 333 specifically takes aim at one of the most used sentencing enhancements in courts across California—the gang enhancement under California Penal Code § 186.22.
California Assembly Bill 333, commonly referred to as AB 333, is a piece of legislation that was enacted to reform aspects of California’s criminal justice system, specifically focusing on gang enhancements and the criteria for determining what constitutes a “criminal street gang” under the terms of the law. The bill was introduced by State Senator Sydney Kamlager and amends California Penal Code § 186.22.
At Power Trial Lawyers, we provide legal services for a unique criminal defense area – Homicide due to Driving Under the Influence (DUI). Servicing clients in Los Angeles and Orange County, we understand that every DUI homicide case is unique, with varying factors that can significantly impact the outcome. With our extensive experience in handling complex cases, we work meticulously to protect our clients’ rights while aiming for a favorable outcome. While dealing with the consequences of such charges, you need dedicated legal advocates who can diligently analyze your case and navigate through the complexities of the legal system for you. Contact us on (213) 800-7664, and allow our knowledgeable team to guide you during this difficult time. Trust us to stand with you, every step of the way.
Understanding the laws surrounding Homicide Based on DUI (Driving Under the Influence) can be complicated, and the gravity of facing such charges in California can be extremely overwhelming. Our Los Angeles and Orange County firm offers highly knowledgeable and experienced legal services to those who find themselves alleged with these offenses. In the Golden State, the law stipulates that if an individual, while operating a motor vehicle under the influence, causes the death of another, they could be charged with vehicular manslaughter while intoxicated under Penal Code 191.5(b) PC, or “Watson Murder” under Penal code 187 – second-degree murder.
Facing a burglary charge can be a distressing and overwhelming experience. At Power Trial Lawyers, we understand the complexities and challenges of the legal process. Serving Los Angeles and Orange County, our dedicated professionals are committed to fighting aggressively for the rights of individuals accused of burglary. Our experienced lawyers strive to provide tailored strategies and personalized attention to every case. With a solid reputation built on a foundation of trust, transparency, and tenacity, we aim to defend your rights and uphold your interests. The potential penalties for burglary can be severe, but our team is available around the clock to guide you through the legal maze. For a discreet and private discussion about your case, call us at (213) 800-7664. Don’t face this stressful time alone; let our experienced team at Power Trial Lawyers stand by your side.
Definition of Burglary
The act of burglary carries a significant weight under California law, casting a shadow that can loom large over the life of a defendant. Our Los Angeles and Orange County based law firm understands the gravity of these charges and the potential implications for the accused. We offer robust, unwavering representation to those confronted with accusations of burglary, taking into account the multi-faceted legal intricacies of Penal Code Section 459 PC which defines the crime. Reflecting our comprehensive understanding, we take a client-centric approach—individually tailoring our defense strategies to align with the specific circumstances of each case.
At Power Trial Lawyers, we understand that allegations of stalking can turn your world upside down. Located in Orange County and Los Angeles County, our seasoned attorneys bring a wealth of legal acumen and tenacity to every case, guiding you through the complex legal landscape. We work diligently to protect the rights of individuals facing stalking charges, offering solid defense strategies tailored to meet their unique circumstances. Regardless of how serious the accusations may be, we believe in your right to a vigorous defense. We pursue every avenue to challenge the prosecution’s case and fight for a favorable outcome. The process begins with understanding your side of the story – reach out to us at (213) 800-7664. At Power Trial Lawyers, your defense is our priority. Allow us to stand by you and advocate for your rights, safeguarding your future.
Definition of Stalking
Navigating the complexities of a stalking case can be daunting, but our Orange County and Los Angeles County, California-based law firm is proficient in tackling such intricate legal challenges. According to California Penal Code Section 646.9, stalking is defined as willfully, maliciously, and repeatedly following or harassing another person, creating a credible threat with the intent to place them in reasonable fear for their safety or the safety of their immediate family. Our team can efficiently discern between an act, gesture, or pattern that is considered legally stalkable and actions that not.
Learning that someone has applied for a restraining order can be incredibly upsetting, regardless of the type of restraining order or the nature of the allegations. Almost always, the “facts” contained in a restraining order petition are entirely biased toward the person seeking protection. However, as emotional as this time is, it is essential that you keep your head and respond in an effective manner.
At the Los Angeles and Orange County restraining order law firm of Power Trial Lawyers, we have extensive experience helping clients defend against all types of restraining orders. We command an impressive knowledge of the legal requirements needed to obtain a restraining order, but we also recognize that, often, these cases come down to credibility. Thus, we take a comprehensive approach to every restraining order defense case we handle, taking as much time as necessary to fully understand what’s often a complicated background.
Los Angeles Criminal Defense and Appeals Lawyer Blog