Southern California Criminal Lawyer Blog

On September 29, 2024, the Governor of California signed into law a new bill that would create a uniform resentencing procedure. In the past decade, the California legislature has passed numerous bills that have provided incarcerated individuals with the opportunity to ask courts to have their sentences recalled and reduced. Some of these ameliorative statutes…

By the early 2010s, California’s prison system was overcrowded and it cost the state billions of dollars each year. The situation was so bad that in 2011, the United States Supreme Court ruled that California has to reduce its prison population. Fortunately, in 2014, Californians voted in favor of Proposition 47, or the Criminal Sentences.…

There are different ways a person can challenge their conviction and seek post-conviction relief. In the past few years, the California legislature has made significant changes to the state’s sentencing laws in an effort to rectify the devastating results caused by the state’s tough on crime policies, which have led to harsh and excessively punitive…

As a general matter, federal courts are forbidden to modify a sentence after it has been imposed. However, there are a few narrow exceptions to that rule. One such exception is Rule 35(b) of the Federal Rules of Criminal Procedure. This rule allows for a sentence reduction if the defendant has provided substantial assistance to…

In the last few years, the California legislature has made an effort to rectify the devastating results of the state’s traditionally tough on crime policies. The laws enacted during the tough on crime era resulted in exceptionally long sentences, mass incarceration, and overcrowding of prisons. At the same time, research has shown that not only…

In the last few years, numerous studies have shown that racial biases and discrimination have been widespread across California’s criminal justice system. It is undisputed that, in the last few decades, California’s tough on crime policies have disproportionately affected marginalized communities and people of color. For example, in its 2020 report, the Committee on the…

One of the main principles of our criminal justice system is that the punishment has to fit the crime. However, in the 1990s, California’s leaders pursued very actively tough on crime policies and during that time more than a hundred different sentencing enhancements were enacted. Throughout the past three decades, these enhancements have added many…

It is estimated that at least 70 million people in the United States have a record of an arrest or conviction. In California alone, an estimated 8 million people have to live with a criminal record, and in 2018, an estimated 2.5 million Californians of working-age had a felony record. These figures have cost the…

Despite the ongoing efforts by California’s leaders to improve the State’s criminal justice system and to make it fairer, California still has some of the most severe sentence enhancements in the United States. One of the main principles of the criminal justice system is that the punishment has to fit the crime. Unfortunately, California’s hyper…

The United States of America has the largest prison population in the world. Not only does the US have more incarcerated people than even China, but the United States account for roughly 25 percent of the world’s total prison population, and within the country, California ranks second behind only Texas. The mass incarceration in California…