What Crimes Are Strikes under the Three Strikes Law?

There are twenty-three violent crimes, forty-two serious crimes and three other crimes, under specific circumstances, that are considered “Strikes” under California’s Three Strikes Law. It merits mention that many of the specified violent crimes (murder, mayhem, rape, sodomy, to name a few) are both violent and serious crimes. What is the list of such crimes? To view this list, click on the following link.



What Happens After One Is Sentenced to Prison?

After one is sentenced to prison, where does one go? How long does one stay at Delano if sentenced in Los Angeles County? What goes on at Delano? When does one find out if fire camp is available? When are classes under Prop 57 for extra custody credit available? When can one have visitors? When will one know his or her estimated release date? For a discussion of these issues, click on the following link.



Gross Vehicular Manslaughter While Intoxicated, Penal Code § 191.5(a) – Requirements, Punishment, Defenses?

What is the punishment for violating Penal Code § 191.5? Is it a “Strike” under California’s Three Strikes Act? What percentage of the sentence much one serve? 85%? What are the defenses? What must a prosecutor prove to convict one of this? How does this charge differ from murder? To read answers to these questions, please click on the following link.




What Are the Sentencing Options in a Misdemeanor Case?

Can a judge sentence someone to five years in state prison in a misdemeanor case? Can the judge sentence someone without placing that person on probation? What are the maximum fees a judge can order? What is the maximum time a judge can sentence someone to in custody? To read more about the sentencing options in a misdemeanor case, click on the following link.



Is Mental Health Diversion Available in Juvenile Court?

Mental Health Diversion, a relatively new program available at Penal Code § 1001.36, is a long-overdue way for folks who commit crimes due to mental health issues to get the mental health treatment needed to prevent committing the crime again. Is such a program available for a juvenile offender? If so, are there additional requirements? To read a short article about mental health diversion being available in juvenile court, please click on the following link.


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What Are Aggravating Factors in Sentencing? Examples?

When a prosecutor, a defense attorney or a judge talks about aggravating factors for sentencing, what does that mean? What are some examples? Do such factors make the sentence longer or shorter and why? What aggravating factors are worse than others? To read more about aggravating factors, please click on the following link to a short article about aggravating factors in sentencing.


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What Are Mitigating Factors for Sentencing? Examples?

If your attorney or the judge mentions “mitigating factors” for determining a sentence, what are these? What are some examples of mitigating factors that a judge would consider and be persuaded that probation, rather than a sentence involving custody time, is appropriate? What types of documents would your attorney need to show the judge? To read a short article about mitigating factors in sentencing, please click on the following link.


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What Are the Sentencing Options in a Misdemeanor Case?

If one is convicted of a misdemeanor, how does the judge sentence the defendant? What are his or her options? Can the person receive formal probation? What about just community service, but neither informal probation nor formal probation? Can the judge just sentence the person to county jail with no further probation? To read a short article summarizing what a judge can and cannot do, please click on the following link.


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Expungement If One Went to Jail or Prison? What’s 1203.4(a)?

Can someone claim he or she “led an honest and upright life,” obeying all laws, to be eligible for expungement under 1203.4a even if one was in prison leading such an “honest and upright life?” In other words, is being a model prisoner the equivalent of being out of prison and following all laws? This interesting question was posed to the Second Appellate District in Ventura. To read a short summary of how the appeal went, click on the following link.


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Warrantless Placement of GPS Tracker on Parolee’s Car – OK?

May police monitor the whereabouts of a parolee’s car by surrepticiously placing a GPS tracker on the car without first seeking a warrant? What if the parolee is a convicted bank robber and while he is on parole, there are a series of unsolved bank robberies in the area where the parolee lives? This is what happened in 2016 and the LAPD, without a warrant, went ahead and put a GPS tracker on the parolee’s car. To read a short summary about whether this was legal, please click on the following link.


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