Monder Law Group - News

New California Laws that passed that are favorable to Criminal Defense Attorneys

New California Laws that passed that are favorable to Criminal Defense Attorneys

There were many laws on the 2016 ballot that would change the way people perceive the criminal justice system. It was a successful election here in California for the purposes of getting our people to start being less conservative toward our criminal justice system in order to do what is best for Californian’s bottom line.

The following are recent laws that did pass for the benefit of the Criminal Defense Community at large in California:  

• Prop 57 has ended direct filing in adult court of juvenile cases and should help promote rehabilitating state prisoners.

This is great for criminal defense attorneys in trying to keep serious juvenile cases in juvenile court. Often times these kids become worse off entering the adult criminal system while underage. This law definitely protects kids and makes it more difficult for the prosecution to prove the benefit to the community in trying to move the criminal prosecution to adult court under Welfare and Institution Code 707.

• Prop 64 legalizes marijuana, ending felony marijuana prosecutions. Health & Safety Code sections 11357, 11359 and 11360 are gone. 

This is great for criminal defense attorneys in negotiating simple possession and sales cases for Marijuana in California. Before this law passed many people were stuck with felony records for marijuana cases and were unable to get jobs as a result of these convictions. It will be big business to start petitioning the court in getting these charges reduced and dismissed for people in the future.

• Senate Bill 1389 requires that law enforcement electronically record interrogations of all murder suspects. 

This is a very important evidentiary issue because often times we have to solely rely upon the memory and interpretation of law enforcement officers during preliminary examinations. Police officers often are the sole source of probable cause for the purposes of issuing cases based on his or her testimony. Sometimes these individuals may have stretched the truth to get a conviction. This law will help many criminal defense attorneys in making arguments against coercive and suggestive interrogations or unlawful confessions.  

• Assembly Bill 813 enables innocent people to challenge their wrongful convictions even if they are no longer incarcerated.

This is the most important cornerstone of our criminal justice system. Often times people loss sight that they are innocent until proven guilty and it is always an uphill battle trying to focus on proving their innocence even years after the case is over. People are often limited by the boundaries of timelines to file post-trial motions and appeals. This bill will allow people to not be limited by the time constraints of the court in finding witnesses or any evidentiary value that would lead to the exoneration in a case.

• Assembly Bill 2765 extends the time for Prop 47 petitions through November 4, 2022.

This is great news for criminal defense attorneys already filing these petitions in court to get criminal records reduced from felonies to misdemeanors. There is often a backlog of these motions to get approved by a judge given the amount of petitions that have already been filed. It takes about 6 months to get a judge to sign off on these petitions if it were to be filed today. Extending time is essential for everyone that would be entitled to this relief.

• Assembly Bill 2013 starts a pilot program giving out-of-custody clients the right to a probable cause hearing (Penal Code § 991).

This is the first time people will be entitled to a probable cause hearing on misdemeanor cases if they plead not guilty to the charges at the initial arraignment stage. This is similar to what we have already seen on all felony cases where individuals will be given a preliminary hearing date before a trial date is set. The burden is always on the prosecution to prove that they have enough evidence to proceed with trial and this bill will make them scrutinize the cases more carefully before filing.     

• Senate Bill 1129 eliminates mandatory jail time for 647(b) clients.

The legislators made prostitution and solicitation charges mandatory jail time and it was often difficult for defense attorneys to find a lesser included or related offense to plead to in order to avoid jail time. Obviously, the legislative intent is less strict in passing this statute to deter this behavior. It mostly deals with the overcrowding issues in our jails for low-level offenses.   

• Senate Bill 1143 ends solitary confinement for juveniles.

This is great for the protection of our kids in the community. Solitary confinement often times leads to mental defects and may exacerbate pre-existing mental illness that can have long-term effects on the mental stability of a person. While kids are still developing in the early stages of life, it would be considered cruel and unusual punishment to hinder their brain growth and development.

If you have any questions about the new laws that may have a significant impact on your criminal case in San Diego, feel free to contact criminal defense attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Attorney.