Criminal Defense
Concurrent vs. Consecutive Sentences | Everything You Need To Know
Everything You Need To Know About Concurrent vs. Consecutive Sentences Concurrent sentences are usually handed down when multiple criminal offenses are committed at once or when someone is charged for multiple counts of the same crime. In these cases, the sentences are "concurrent," meaning they overlap and are served simultaneously. This means that instead of serving multiple jail terms one after the other, the individual may only have to serve…
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California Considers Sentence Enhancements for Murder Based on Sexual Orientation and Gender (PC 190)
While visiting his parents on break from the University of Pennsylvania, 19-year-old Blaze Bernstein, who identified as gay, was reportedly stabbed more than 20 times and left to die in a park in Lake Forest. Samuel Woodward has been charged with Bernstein’s murder, which authorities believe may have been motivated by Bernstein’s sexual orientation, and has plead not guilty. In response to this crime, California lawmakers have introduced a bill…
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Orange County Passes Law for Court-Ordered Treatment of Mentally Ill
Recently, Orange County became the first county in California to implement court-ordered treatment for the severely mentally ill. The new law is based on Nevada's "Laura's Law," in which Laura Wilcox, a Nevada woman, was shot and killed by a mentally ill man in 2001.1 The Orange County Board of Supervisors' unanimous passing of the law was influenced by the death of Kelly Thomas, a mentally ill homeless Fullerton man…
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Obama Administration Endorses Lower Federal Drug Sentencing Guidelines
U.S. Attorney General Eric Holder has endorsed a proposal that would lower federal sentencing guidelines for defendants convicted of certain non-violent federal drug crimes. The proposal reflects the Obama Administration's support for reducing mass incarceration in the United States. The United States incarcerates a greater proportion of its population than every other country in the world, except for the tiny archipelago nation of Seychelles. U.S. prisoners account for 25% of…
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Eligibility for Presentence Custody Credits – Penal Code Section 2900.5
When making sentencing calculations, courts must take into consideration presentence custody credits. First, a court must consider whether people are eligible for "conduct credits" based on their good conduct during presentence incarceration. Second, California Penal Code Section 2900.5 also provides for credits for time served. Under Section 2900.5, "persons who remain in custody prior to sentencing receive credit against their prison terms." There is however an important limitation: the presentence…
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Poor Representation by a Lawyer Can Be a Reason to Get Your Sentence Reduced
When a criminal defense lawyer accepts the responsibility of defending a person in court, he or she has a duty to investigate and present mitigating evidence that would assist in the defense. An investigation into the facts of the conduct is just part of the process. The lawyer should also investigate the accused background and character which could lead into areas of emotional or mental disabilities, which could result in…
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How did Lindsay Lohan Get Out of Jail So Quickly?
When an accused violates probation many times and a judge finally has had enough and imposes a 30 days jail sentence, how much time does the law require a person to do? The answer under California law is 15 days of actual time, or 50% of the sentence imposed. So how does Lindsay Lohan check into the Los Angeles County Jail and check out a few hours later with her…
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I Have a Serious Medical Condition, Do I have a Chance For Parole?
Medical Parole- Adds Pen. Code § 2065, and adds Title 2.3 (commencing with § 3550) to Pen. Code Part 3. Governor Arnold Schwarzenegger approved a measure which will allow state prisons to release comatose and physically incapacitated inmates on medical parole. Starting in 2011, the new law will give the Department of Corrections and Rehabilitations the authority to grant medical parole to an inmate who is permanently incapacitated with a…
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California Home Detention Qualifications
Can my Criminal Defense Attorney Help me Serve my Jail Time in Home Detention? The answer to this will depend on whether you make the sound decision to retain the legal services of a knowledgeable, reputable and experienced criminal defense attorney in California at Wallin and Klarich. Voluntary Home Detention Programs are generally available to low-risk defendants committed to jail, or defendants participating in a work furlough program. These defendants…
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