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Old 05-20-2019, 05:46 AM
Offrictor Offrictor is offline
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Default Question regarding new enhancement law in California

Does anyone have any information on lawyers that help with the new enhancement law?
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Old 05-20-2019, 05:47 PM
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Originally Posted by Offrictor View Post
Does anyone have any information on lawyers that help with the new enhancement law?

I'm thinking this is probably something that should be put to a separate thread, so I'm going to go ahead and create a second, separate topic.


When you say "new enhancement law" could you be a little more specific as to what you are referring to? There have been a few different laws and bills recently that have impacted enhancements, credits, and how certain things are being prosecuted.


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Old 05-21-2019, 01:52 PM
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Originally Posted by Offrictor View Post
Does anyone have any information on lawyers that help with the new enhancement law?
I am going to assume you mean one or all of these
Prior Serious Felony Conviction Enhancements (Senate Bill 1393)
Gun Enhancements (Senate Bill 620)
Drug Enhancements (Senate Bill 180)
Prison Law Office has some information on this subject Here
As far as attorneys I personally don't know of any I would recommend. Call a lawyer referral group .I would think most criminal law attorneys could handle these types of matters. It will not be cheap.
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Old 05-22-2019, 09:02 AM
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Originally Posted by Patrickj View Post
I am going to assume you mean one or all of these
Prior Serious Felony Conviction Enhancements (Senate Bill 1393)
Gun Enhancements (Senate Bill 620)
Drug Enhancements (Senate Bill 180)
Prison Law Office has some information on this subject Here
As far as attorneys I personally don't know of any I would recommend. Call a lawyer referral group .I would think most criminal law attorneys could handle these types of matters. It will not be cheap.


I had not seen that link. Very informative. PLO made a statement at end of their document:

"at any time during your sentence the CDCR (or for people in jail, the county correctional administrator) may make a recommendation to the sentencing court to recall your sentence and resentence you to a lower term. (Penal Code § 1170(d)(1)."

Any resentence, like 1170(d), should be viable path to retroactive relief (strike / dismiss) an enhancement "in the interest of justice".

Problem is resentence opportunities are few and far between. And there would need to be some powerful evidence and reason it is "in the interest of justice" to convince a judge to do go out on a limb and do that.

It is legally possible though.
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Old 05-23-2019, 12:58 PM
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Originally Posted by gvalliant View Post


I had not seen that link. Very informative. PLO made a statement at end of their document:

"at any time during your sentence the CDCR (or for people in jail, the county correctional administrator) may make a recommendation to the sentencing court to recall your sentence and resentence you to a lower term. (Penal Code § 1170(d)(1)."

Any resentence, like 1170(d), should be viable path to retroactive relief (strike / dismiss) an enhancement "in the interest of justice".

Problem is resentence opportunities are few and far between. And there would need to be some powerful evidence and reason it is "in the interest of justice" to convince a judge to do go out on a limb and do that.

It is legally possible though.

Maybe I am biased for the inmates who have served decades of time already. But how can these new laws not be retroactive. These inmates have done their time, have been rehabilitated. Some new cases could be committed by individuals who are only going to get a slap on the wrist for crimes that others are paying the ultimate price for. It should be right and just across the board.
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Old 05-23-2019, 01:44 PM
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Maybe I am biased for the inmates who have served decades of time already. But how can these new laws not be retroactive. These inmates have done their time, have been rehabilitated. Some new cases could be committed by individuals who are only going to get a slap on the wrist for crimes that others are paying the ultimate price for. It should be right and just across the board.

Wish I had good answers on that.


When 57 passed...and there's a great deal I don't like about 57 but it did give some renewed hope to a friend of mine who's got about 18 months left to the gate at this point if she continues to hit her milestones (she's in a CCTF at this point) the first thing that got my goat was why she didn't get her 80% credit retroactive to day 1. I remember sending a public comment on this and the response was basically "because that's not what the voters and legislature have intended in the laws that exist."


I'm assuming that's the logic behind not applying retroactive-ness (is that a word?) to these other new laws.


Head scratcher.


One of my objections to 57 (well, aside from the fact that it should have been better-written and voted on separately from the juvenile justice initiative which has nothing to do with it, really,) was the non-specificity of terms and re-written penal codes as well as the blank check written to CDCR on setting the new rules. We basically voted the power out of our own hands here in California. I'm not thrilled about it.


All we can do is continue advocating for people who deserve better than what they've gotten in the legal system.....


-Eric
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Old 05-23-2019, 04:27 PM
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Quote:
Originally Posted by gvalliant View Post


I had not seen that link. Very informative. PLO made a statement at end of their document:

"at any time during your sentence the CDCR (or for people in jail, the county correctional administrator) may make a recommendation to the sentencing court to recall your sentence and resentence you to a lower term. (Penal Code § 1170(d)(1)."

Any resentence, like 1170(d), should be viable path to retroactive relief (strike / dismiss) an enhancement "in the interest of justice".

Problem is resentence opportunities are few and far between. And there would need to be some powerful evidence and reason it is "in the interest of justice" to convince a judge to do go out on a limb and do that.

It is legally possible though.
There is a lot of activity around this and a lot of confusion behind the fence. This is allowing predatory "legal" groups to swoop in a make $$. I'm not opposed to folks earning a paycheck, but before you hire an attorney, read everything you can get your eyes on about the avenue your are pursuing. For example, 1170(d)1, resentencing, was expanded by Gov. Brown in June of '18 to allow the inmate to request a recall of sentencing, not just the DA or the previously accepted staff recommendation. The sticky part is that there is no official form for this and that is what folks are being told they need to hire counsel for. You do not. But, you do need to know how to draft a decent request and what evidence to collect. There are typically inmates who are familiar with this process (or one identical) who can advise your loved one. Have them ask trusted sources around them before hiring an attorney. "Jailhouse lawyers" may be cliche, but that doesn't mean they aren't effective. If no internal assistance can be found, it's also possible to contact the DAs office in the county of their arrest and ask what the process is for filing under 1170(d)1.
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Old 05-23-2019, 09:59 PM
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Interesting points.

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Originally Posted by miamac View Post
before you hire an attorney, read everything you can get your eyes on about the avenue your are pursuing. For example, 1170(d)1, resentencing, was expanded by Gov. Brown in June of '18 to allow the inmate to request a recall of sentencing, not just the DA or the previously accepted staff recommendation. The sticky part is that there is no official form for this and that is what folks are being told they need to hire counsel for. You do not.
Totally agree. Educate yourself and understand what you do not need a lawyer for - plenty - and also what you do need a lawyer for. Resentence petitions, collecting evidence, arguing in court are all different activities. You don't need your lawyer to do all of that. Besides being expensive, some of it you can do better.

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"because that's not what the voters and legislature have intended in the laws that exist."
I'm assuming that's the logic behind not applying retroactive-ness (is that a word?) to these other new laws.
I hate when they tell you that kind of polito crap. You're right, frustrating answer. However I don't believe that is the logic for not applying "retro-activeness"

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Originally Posted by ATH View Post
Maybe I am biased for the inmates who have served decades of time already. But how can these new laws not be retroactive. These inmates have done their time, have been rehabilitated. Some new cases could be committed by individuals who are only going to get a slap on the wrist for crimes that others are paying the ultimate price for. It should be right and just across the board.
Of course you're biased. That doesn't mean you're wrong. In fact you're right. The only point I disagree with is "individuals who are only going to get a slap on the wrist". They are not getting a slap on the wrist. They are getting something closer to appropriate. The problem is the enhancements prior inmates received are not appropriate. They are insane.

IMO, the reason these new laws are not retroactive is because if these new bills and legislation were written including retroactive relief they would have zero percent chance of ever passing. They pass what they can get. Reform without retroactive provision. Have to do it that way.

Think of it as incremental reform. Get that in place. Go back later and get the retroactive provision expanding relief to more inmates. All these enhancement changes can be made retroactive. Anyone can contact their local Assemblymember or local Senator and propose laws and bills. I 100% agree with you, it should be right and just across the board. So push these people to amend every one of these enhancement laws to be retroactive.
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Old 05-23-2019, 10:54 PM
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Of course you're biased. That doesn't mean you're wrong. In fact you're right. The only point I disagree with is "individuals who are only going to get a slap on the wrist". They are not getting a slap on the wrist. They are getting something closer to appropriate. The problem is the enhancements prior inmates received are not appropriate. They are insane.
I think it's too early to know, but as the recent reform dust settles and we have enough stats, I fear that DAs will lean toward stacking to make up the difference. Things that were wobblers will be givens and pleas will be less generous. I hope I'm wrong.
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Old 05-25-2019, 11:00 AM
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Thanks to Prop.57 and some of the new laws that are in effect or going into effect. I am spending to much time going to in-service courses. Then I come out more confused then when I went in. I think the legal system has just about broke me down. I am ready to just unplug and just stare out the window. I thought I would be doing more positive things for people with my time after I retired
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Old 05-25-2019, 10:29 PM
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Thanks to Prop.57 and some of the new laws that are in effect or going into effect. I am spending to much time going to in-service courses. Then I come out more confused then when I went in. I think the legal system has just about broke me down. I am ready to just unplug and just stare out the window. I thought I would be doing more positive things for people with my time after I retired
I can imagine it-- a bunch of flow charts and someone with a PowerPoint ready to lull you into a coma + a stiff game of Twister. Something like that? lol
You do good things, Patrick. We're so glad you're here.
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