Are Proffer Agreements a Good Deal or Bad Deal?

A proffer agreement can be a very good deal for a defendant facing significant time in custody. However, if defendant is not 100% honest in what he or she states, the deal of leniency can be withdrawn and the perjury introduced to increase defendant’s punishment, as the following example shows. To read a short summary of the case, please click on the following link – https://www.greghillassociates.com/are-proffer-agreements-a-good-deal-or-bad-deal.html

SB 384: How Long to Process an SB 384 Petition?

If law enforcement takes its full 60 days, as provided by SB 384, to respond to the SB 384 petition by filing the sex offender checklist and the prosecution takes its full 60 days, as provided by SB 384, to file its response to the petition and the court then sets a hearing 30 days later, 150 days would pass from the date such a petition is filed. In our experience, however, such a petition is usually acted upon and a ruling is reached within 90 days. To read more about the deadlines associated with an SB 384 petition, please click on the following link – https://www.greghillassociates.com/sb-384-how-long-to-process-an-sb-384-petition.html

SB 384: What Can Lengthen One’s Registration Period?

There are four events that can lengthen a person’s registration obligation as set forth under SB 384. It is smart to review these four events just to be certain or be assured that none apply to someone before, under Senate Bill (SB) 384, seeking to terminate one’s obligation to register as a sex offender. To read about these four events, please click on the following link – https://www.greghillassociates.com/sb-384-what-can-lengthen-ones-registration-period.html

SB 384: What is Discretionary 290 Registration?

When a judge finds that a defendant committed a crime as a result of sexual compulsion or for purposes of sexual gratification, but the conviction for the specific crime does not require registration under Penal Code § 290, a judge has the discretionary power to require registration for defendant. The tier level is usually Tier One, but it can be Tier Two or even Tier Three. To read more about this discretionary power, and examples of when it may be exercises, please click on the following link – https://www.greghillassociates.com/sb-384-what-is-discretionary-290-registration.html

SB 384: Who is a Tier 2 Registrant under PC 290(d)(2) & (1)?

For purposes of Senate Bill 384, a Tier 2 registrant under Penal Code § 290 is someone who was convicted of a less than most serious sex offense and who must usually register for 20 years. A person who is a Tier 2 registrant may be eligible for termination of his or her registration obligation after 10 years if six conditions apply. To read more about who is a Tier 2 registrant and the registration obligations, please click on the following link – https://www.greghillassociates.com/sb-384-who-is-a-tier-2-registrant-under-pc-290-d-2-1.html

SB 384: Who is a Tier 3 Registrant under PC 290(d)(3)?

For purposes of Senate Bill (SB) 384, a Tier 3 Registrant classification is reserved for those who commit the most serious sex offenses. Registration is for life or 20 years in certain situations. A person who is a Tier 2 or even a Tier 1 registrant can become a Tier 3 registrant if he or she commits a second registrable offense or certain serious or violent felonies. For a listing of the specific offenses that are regarded as Tier 3, please click on the following link – https://www.greghillassociates.com/sb-384-who-is-a-tier-3-registrant-under-pc-290-d-3.html

In an Open Plea, Is Striking Prison Prior Improper?

A judge may strike a one-year prison prior sentence enhancement (imposed under Penal Code § 667.5(b)) pursuant to SB 136 when the sentence is imposed after an open plea to the judge, but the following summary suggests this is not possible if a one-year sentence enhancement is agreed to by defendant in a plea bargain. To read more about this, please click on the following link – https://www.greghillassociates.com/in-an-open-plea-is-striking-prison-prior-improper.html

What’s the Home Protection Bill of Rights Presumption?

The Home Protection Bill of Rights Presumption is a presumption that deadly force or force likely to cause great bodily injury is lawful if used inside the house by a resident while under fear of imminent death or great bodily injury by another who forcibly and illegally entered the home. In the following Third Appellate Court decision, the appellate court ruled that the trial court did not err in not instructing the jury on this defense, sua sponte. To read a short summary of the opinion, please click on the following link – https://www.greghillassociates.com/whats-the-home-protection-bill-of-rights-presumption.html

Must Federal Resentencing Follow Original Approach?

Federal resentencing does not have to follow the original sentencing approach, which can come as a great surprise to those who anticipate resentencing with the kindness and compassion that perhaps was shown in the original sentencing. This can come as a shock and perhaps even cause anger to those resentenced to almost the same sentence. The following summary exemplifies this sobering reality. To read the summary, please click on the following link – https://www.greghillassociates.com/must-federal-resentencing-follow-original-approach.html

Penal Code § 1473(b) and False Evidence for Habeas

In many cases, “hindsight is 20-20,” as the cliché goes and time reveals that certain evidence offered at trial was false. However, a writ of habeas corpus to free a prisoner will not be issued unless petitioner can prove that the false evidence was “substantially material or probative on the issue” or petitioner’s guilt. To read a summary of a case where this standard was applied, please click on the following link – https://www.greghillassociates.com/penal-code-1473-b-and-false-evidence-for-habeas.html