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.…
Continue reading ›In 1987, California passed the Street Terrorism Enforcement and Prevention Act (STEP Act). The California legislature’s goal was to address the increasing criminal activities by street gangs and through the STEP Act it imposed a three-year sentencing enhancement for gang related crimes. Proponents of the law claimed that it would be applied narrowly and only…
Continue reading ›Non-citizens, including lawful permanent residents, can experience profound immigration consequences for even minor or very old criminal convictions. Prior to 2017, California law only allowed defendants to challenge their conviction while they were in actual or constructive custody, i.e. parole or probation. As a result, countless people were left with no recourse and way of…
Continue reading ›On September 30, 2020, Governor Newsom signed into law Assembly Bill 3234, which was codified as Penal Code §§1001.95-1001.97, and became effective on January 1, 2021. AB 3234 is a product of the continuing criminal justice reforms in California. The Court Initiated Misdemeanor Diversion is essentially a “get out of jail free card” as it…
Continue reading ›A criminal conviction can have a life changing and potentially devastating impact on anyone. However, under federal law, certain offenses are considered deportable, including controlled substance offenses, crimes of moral turpitude, and aggravated felonies. So, for noncitizens, a criminal conviction brings with it potentially very grave collateral immigration consequences. In many instances, the individuals who…
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