When is Someone Ineligible for Probation? Why?

Subject to certain changes in the law, for example Senate Bill 73, there are certain crimes that are considered serious, both in terms of public safety concerns if the person is not placed in custody and reprehensible that public interest strongly supports incarceration, that probation is not permitted. Besides the most obvious crimes such as murder, attempted murder and certain violent sex offenses, what else is ineligible? To read a list, please click on the following link – https://www.greghillassociates.com/when-is-someone-ineligible-for-probation-why.html

What is Homeless Court in Redondo Beach / Torrance?

Homeless court is for those facing non-violent misdemeanors otherwise assigned to Department 2 in the Torrance Courthouse for those who identify themselves as homeless. Such offenses arise in Redondo Beach, Hermosa Beach and Lawndale and often involve possession of drugs, public intoxication, petty theft and trespassing. The court takes place once per month on Wednesdays near St. James Catholic Church in Redondo Beach. To read more about the Torrance Homeless Court presided over by Judge Rene C. Gilbertson, please click on the following link – https://www.greghillassociates.com/what-is-homeless-court-in-redondo-beach-torrance.html

SB 620 Analysis: Resentencing on a Firearm Enhancement

When a judge is considering resentencing on a firearm enhancement, as permitted under Senate Bill 620, the judge may consider defendant’s youth at the time of the offense, as well as post-conviction behavior, both good and bad. While being eligible for resentencing is itself uncommon, when resentencing does actually proceed, it is paramount that defense counsel present the judge with all mitigating material possible to maximize the client’s chances of being resentenced to a lower term. To read more about SB 620 and resentencing, please click on the following link – https://www.greghillassociates.com/sb-620-analysis-resentencing-on-firearm-enhancement.html

Breaking a Phone – Dissuading a Witness (PC § 136.1)?

Can one can be convicted a dissuading a witness without even talking to the witness? The answer is yes if one rips out a phone line from the wall while a witness is speaking to the police, as the following case summary explains. This summary is a good primer on what constitutes dissuading a witness in specific contexts. To read the short article, please click on the following link – https://www.greghillassociates.com/breaking-a-phone-dissuading-a-witness-pc-136-1.html

Torrance Gang Expert’s Testimony Insufficient.

If one has ever been in court and heard the polished testimony of a law enforcement gang expert, it is difficult not to be quite impressed with the level or knowledge and the confidence of such an expert. Some might say such an expert is very persuasive or even charming. However, good criminal defense attorneys are acutely aware of this phenomena and fight this expert’s power, as the following case describes, sometimes overcoming imposition of the enhancement. To read a good case where this was accomplished, please click on the following link – https://www.greghillassociates.com/torrance-da-gang-experts-testimony-insufficient.html

New Criminal Laws for 2021 – Seven That Really Matter

2021 ushered in several new laws with broad effects, especially in the area of reducing probation for most misdemeanors to one year and most felonies to two years. There are other new laws in the area of vacating a plea for improper immigration advice, or lack thereof. To read about these new laws, please click on the following link – https://www.greghillassociates.com/new-criminal-laws-for-2021-seven-that-really-matter.html

CDCR Prop 57 Regulations Excluding 290 Registrants Invalid.

Proposition 57 permits early eligibility for parole upon an inmate’s completion of the sentence for the primary offense. This provision of Proposition 57, however, does not apply to those serving a term for a violent offense. The CDCR’s regulations implementing Prop 57, however, excluded all those subject to registration under Penal Code § 290. This was held to violate Prop 57, unless of course the 290 offense was a violent offense. To read more about this recent ruling, please click on the following link – https://www.greghillassociates.com/cdcr-prop-57-regulations-excluding-290-registrants-invalid.html

Attempted Human Trafficking – Must Real Minor be “Target?”

A violation of Penal Code §§ 664/236.1(c), attempted human trafficking of a minor, does not require an actual minor to be the intended victim. If defendant believes the “target” is a minor, but she is really a police officer posing as a minor, defendant can be guilty of violating §§ 664/236.1(c). In other words, the age of the decoy is not a defense. To read more about this issue, please click on the following link – https://www.greghillassociates.com/attempted-human-trafficking-must-real-minor-be-target.html

Resentencing Military Veterans, Indeterminate Sentences?

Is AB 865 applicable to veterans serving an indeterminate sentence, i.e., sixteen years to life for attempted murder? The answer is no, which may come as a surprise to some that are aware of resentencing provisions for military veterans or current servicemembers suffering from service-related mental trauma. To read about a case that discusses the limits of AB 865, please click on the following link – https://www.greghillassociates.com/resentencing-military-veterans-indeterminate-sentences.html

Aiding & Abetting Murder, Natural and Probable Consequences

Senate Bill 1437, revising the felony murder rule to limit liability for only certain aiders and abettors and removing aider and abettor liability under the natural and probable consequences doctrine under People v. Chiu (2014), is something any person convicted under an aider and abettor theory in a murder case should understand. To be clear, an aider and abettor certainly can remain liable for felony murder under certain circumstances, but under other circumstances, that person is entitled to resentencing under other convictions found in the case. To read more about how aider and abettor liability has changed under SB 1437, please click on the following link – https://www.greghillassociates.com/aiding-abetting-murder-natural-and-probable-consequences.html