A Presidential Pardon – Why Apply, When, Limits?

Do you have a federal conviction that you are seeking a pardon for? How does one apply? Where does one submit such a request? When is someone eligible? What should be stated? Are there limits on the number of letters of support that can be submitted? To read all about a presidential pardon and what is involved, please click on the following link – https://www.greghillassociates.com/a-presidential-pardon-why-apply-when-limits.html

A Pardon in California – Why Apply, When, Limits?

Are you seeking to restore your Second Amendment rights to own, possess and buy a firearm after a misdemeanor conviction for violation of Penal Code § 273.5 or § 243.1(e) after a domestic violence incident? A pardon is unfortunately the only path an only way. When can one apply? What are the eligibility requirements? To read more about a pardon, please click on the following link – https://www.greghillassociates.com/a-pardon-in-california-why-apply-when-limits.html

Commutation of a Sentence, Who’s Eligible, How to Do?

We receive phone calls, especially around the holidays, asking us if there is any way to just ask the judge or the prison to basically decide to let someone out early because “he’s already served so much time.” The answer is yes, both from the President for a federal sentence being served in federal prison and the Governor of the State of California for a conviction under California law being served in a county jail or state prison. For a further discussion of how to apply for a commutation from the California Governor, please click on the following link – https://www.greghillassociates.com/commutation-of-a-sentence-whos-eligible-how-to-do.html

How Does the Forgery Exception to Prop 47 Apply?

A conviction for felony forgery not exceeding $950 (Penal Code § 473(b)) is not entitled to reduction to a misdemeanor under Proposition 47 if the person was also convicted of identify theft (Penal Code § 530.5). This exception does not apply unless there is a “meaningful connection” between the two convictions. To read more about how this exception to Prop 47 is applied through reading a case summary exemplifying facts where this was analyzed by an appellate court, please click on the following link – https://www.greghillassociates.com/how-does-the-forgery-exception-to-prop-47-apply.html

During COVID-19 Pandemic, Judges May Still Set Bail?

When the COVID-19 pandemic started growing in California, the California Judicial Council, realizing how uniquely dangerous jails can be for spreading the virus (low ventilation, close quarters, etc.), issued an emergency order setting bail at zero for many offenses, with lots of exceptions. In a way, “the exceptions swallow the whole.” Moreover, judges certainly retain discretion to set bail in an individual case based on a specific person’s flight risk and danger to the public. To read more about this, please click on the following link – https://www.greghillassociates.com/during-covid-19-pandemic-judges-may-still-set-bail.html

SB 1437 Denial Improper if Based on Gun Enhancement?

Is having a true finding of using a firearm an automatic bar to relief under Penal Code § 1170.95 (SB 1437)? It certainly might seem so, as such relief is unavailable by statute to those who act with the intent to kill or who act with reckless disregard for the safety of others, or those who are the actual killer. However, as the following summary from a Second Appellate District Court case exemplifies, this sentence enhancement is not an automatic bar. To read this summary, please click on the following link – https://www.greghillassociates.com/sb-1437-denial-improper-if-based-on-gun-enhancement.html

Compassionate Release – Is Judge’s Discretion Limitless?

We have at least one person call our office every week asking about compassionate release, usually in the context of “he has served enough time – can’t they just let him come home?” The conversation then moves to proper grounds for resentencing and then their loved one’s health and the power of a judge to order a prisoner released under compassionate release. What is required for this? What can the judge really do? To read more about compassionate release, please click on the following link – https://www.greghillassociates.com/compassionate-release-is-judges-discretion-unlimited.html

Is SB 1437 Unconstitutional Based on Conflict with Prop 7?

A common belief among prosecutors and judges is that Senate Bill 1437, by narrowing the scope of aider and abettor liability for felony murder, unconstitutionally amends Proposition 7 (the “Briggs Initiative”). This popular belief conveniently leads to 1437 petitions for resentencing being denied as a whole. This position, however, is wrong, according to the Second Appellate District, as summarized in the following article – https://www.greghillassociates.com/is-sb-1437-unconstitutional-by-conflict-with-prop-7.html

What is the Minimum Eligible Parole Date? How Reduced?

If someone is sentenced to an indeterminate sentence (i.e., fifteen years to life in prison), one is eligible for parole, with certain exceptions. When is the earliest time someone is eligible or “Minimum Eligible Parole Date (MEPD)?” The answer depends on several factors, as the following article explains. To read more about MEPD, please click on the following link – https://www.greghillassociates.com/whats-the-minimum-eligible-parole-date-how-reduced.html

If Eligible, When’s My Youth Offender Parole Hearing?

Not all Youth Offender Parole Hearings take place at the same period of time after one is sentenced. The number of years one must wait varies by the sentence imposed. To read about how it varies, please click on the following link – https://www.greghillassociates.com/if-eligible-whens-my-youth-offender-parole-hearing.html