NOW is the Time to Clear up Old Warrants

If you have an old warrant that's been following you around or a criminal case that you've been neglecting, NOW is the time to speak with a local attorney.  The COVID crisis has caused havoc in Southern California courts, and that chaos can be good news for criminal defendants.  

Bail Reductions / OR Releases

The Coronavirus has been spreading completely out of control inside the local jails.  The sheriffs in Orange County and Los Angeles have been forced to reduce their inmate populations.  This means that many low-level and non-violent defendants are being granted "O.R." releases rather than being held in pretrial detention. 

People who would have previously been required to post thousands of dollars in bail are now simply being released on their promise to return.  

Alternative Sentences

Since the jails are under so much pressure to reduce their crowded conditions, many people who show up to begin their sentences are being immediately released from custody.  Depending on the county and individual circumstances, some defendants are being redirected to "secure electronic confinement" (house arrest) or a work release program (picking up trash, etc.), but many are simply being released for "time served".  

In California, defendants may request to satisfy their fines by serving jail time instead.  Usually, I don't recommend this.  Paying some money is almost always preferable to sitting in a jail cell if you have the choice.  Under the current conditions, though, I have been advising my clients of this option.  Realistically, these defendants will be immediately released from custody and thousands of dollars in fines will be deemed "satisfied". It's one thing to consider.

Backlogged Courts

Cases have been piling up since last March.  Judges and prosecutors are facing the crunch.  They are becoming desperate to resolve criminal matters as the courts get more and more hopelessly backlogged.  The DA simply doesn't have the time, resources or manpower to dig in their heels and fight over every little issue, the way they used to.  Consequently, we're getting better dispositions for our clients than ever.  

"977" Felony Appearances

PC 977 allows attorneys to appear in court without their clients present in most misdemeanor cases.  This is a major convenience for many people.  "977" authority means that defendants don't have to miss a day of work for a routine DUI hearing and they don't have to worry about their kids' transportation while the lawyers haggle over the terms of a shoplifting deal.  977 authority is especially valuable when a defendant lives out of the area.  The cost of traveling back and forth to court can be prohibitive.  Hiring a local attorney to handle the matter is often a cost-saver in the long run.  

Thanks to the pandemic, courts have temporarily extended 977 authority to felony matters.  As part of their ongoing effort to reduce crowding inside the courthouses, judges now allow attorneys to appear for most felony hearings without their clients being personally present.  This special rule will not last forever, but it will be a huge convenience for anyone who takes advantage of the opportunity now.  

New Opportunities for Diversion

Since 1/1/21, judges in California have been given the authority to offer "diversion" in most misdemeanor cases, even over the DA's objection.  

When diversion is granted, the defendant is given an opportunity to complete various terms before he is convicted of anything.  The terms might include AA meetings, anger management counseling, a class about the harms of shoplifting, etc.  If the defendant returns to court with proof that he has done whatever the court ordered, then the case is dismissed entirely.  If the defendant fails to complete the terms, then the case simply reverts to the traditional criminal justice system.  

Since courts are under such pressure to resolve cases and to clear up their backlogs, some judges have been offering generous diversion deals.  

If you or a loved one has an outstanding warrant or a criminal case that's been neglected, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.  

We can also perform a free warrant check to see if you have any open matters. 

Thanks for reading. 

Fullerton Criminal Defense Attorney

Two New California Laws Upend the Justice System

Two new laws took effect in California on January 1, 2021.  Together, they are going to drastically change the way that most misdemeanors are prosecuted.  

1-Year Cap on Misdemeanor Probation

The first of these new laws, AB-1950, amends section 1203 of California Penal Code to cap the length of probation for most misdemeanors at 1 year.  

Previously, the standard term of probation for most misdemeanors was 3 years.  This is "summary" probation (also called "informal" probation, or "court" probation), so the defendant does not have a probation officer.  Instead, a judge simply orders a defendant to remain law-abiding for the 3 year period following a misdemeanor conviction.  If the defendant is arrested for any new crime during that time, he or she must answer for the probation violation in addition to any penalties for the new offense.  

Proponents of the new law argued that long terms of probation resulted in over-incarceration and made it difficult for people to find work after a conviction for some petty offense.  They also argued that long probationary sentences disproportionately affected minority communities and actually contributed to high recidivism rates.  

Capping the length of probation at one year will also make more people eligible to expunge their records sooner after convictions.  In California, an expungement has the effect of dismissing a conviction after the fact.  To apply, a defendant must show that he successfully complied with all terms of probation and that he is not currently on probation.  Previously, that meant the applicant had to wait 3 years from the date of his conviction before he was eligible for relief.  Under the new rules, defendants will only have to wait 1 year before they can petition to have a case dismissed. 

Judges Have New Powers to Grant Diversion

Starting January 1, 2021, PC 1001.95 grants judges in California new powers to offer "diversion" to defendants in misdemeanor cases, even over the prosecutor's objection.

"Diversion" works like this: rather than running a defendant through the meat grinder of the criminal justice system, the court will order him to complete various terms before he is convicted (in contrast to probation, which runs after the defendant is convicted).  The terms may include things like AA meetings or anger management counseling, etc.  If a defendant successfully completes the terms and remains law-abiding for some period of time, all charges are dismissed and the arrest is deemed to have never occurred.  

Traditionally, the decision to grant diversion was entirely up to the prosecutor.  A judge could refuse to allow it, but he or she could not offer diversion over the DA's objection.  Judges weren't typically involved in dictating the terms of diversion, either.  This new law gives judges sweeping new authority to craft their own diversion deals and to tailor programs for individual defendants.  

PC 1001.95 allows for diversionary periods up to 2 years long.  During this time, the defendant must remain law-abiding in order to earn an eventual dismissal of charges.  If the defendant fails to comply with diversion or is arrested on new charges, diversion will be terminated and the case will be sent back to the traditional justice system.  

All Together Now

Think about what both of these new laws mean, taken together.  If a defendant decides to participate in diversion, a judge could have broad authority to set and enforce various terms for up to 2 years.  The "light at the end of the tunnel" is an eventual dismissal.  

But if the defendant says, "forget that", and simply decides to go through the old-fashion justice system, he will be off probation and eligible for an expungement after only 1 year.  The effect is essentially the same, but a defendant's period of supervision is only half as long. 

There are some other, technical distinctions, and there may be some situations where diversion is preferable over probation.  I will have to analyze each matter on a case-by-case basis going forward, though.  Diversion is not as generous as it seems, and it might not be the best fit for every client.  

If you or a loved one has questions about probation, diversion, or any other criminal matter in Orange County, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.  

Thanks for reading. 

Fullerton Criminal Defense Attorney