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.
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