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A 20-Year Sentencing Error Gets Exposed: How People v. Cervantes Opens the Door to New Resentencing Relief When it comes to criminal sentencing in California, the law is clear: if a court imposes a term that the law does not permit, that sentence is considered unauthorized. And when a sentence is unauthorized, courts have the […]
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 […]
Setting Aside a Guilty Plea Due to Mental Unfitness: What You Need to Know Plea bargains are common practice in our legal system, but there are circumstances where a guilty plea might be deemed invalid or unjust. One such circumstance involves mental unfitness or impairment that prevented the defendant from fully understanding the consequences of […]
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 […]
Compassionate Release in California: A Comprehensive Guide Compassionate release is a critical yet often misunderstood component of California’s legal system. Designed to provide relief to incarcerated individuals facing extraordinary circumstances, it offers a means for humanity to intersect with justice. But how does compassionate release work, who qualifies, and what challenges accompany the process? Whether […]
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, […]
Waidla v. Davis: New Sentencing Hearing Due to Ineffective Assistance of Counsel In Waidla v. Davis, the defendant Tauno Waidla was sentenced to the death penalty for first-degree murder. His lawyer appealed his conviction by filing a petition for habeas corpus, but it was turned down by all of the state courts. However, Waidla refused […]
Can I Get My Prison Sentence Modified in California? If you or a loved one is convicted of a crime and sentenced to prison, it is important that you not lose hope. In some cases, it may be possible to modify your sentence so that you do not spend so much time in custody. However, […]
Sentence Modification: Can I Avoid Jail Time? Being convicted of a crime does not always mean that you will be required to serve time in jail. Serving a straight jail sentence can be very devastating, especially if you have a job or other obligations. Fortunately, there are alternative sentences that enable people who qualify to […]
Reducing felony convictions to misdemeanors – California Penal Code 17(b) PC The judicial relief of reducing a felony conviction to a misdemeanor offers several benefits. Some of the most common include: (a) being able to say honestly that you have never been convicted of a felony (which is important for job, housing, and loan applications), […]
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