Fifteen years after the passage Proposition 215, the San Diego County Probation Department is just now adopting a set of rules on how they will handle sentencing recommendations for medical marijuana patients who have felony probation matters. The Probation Department, of course, makes written recommendations to felony sentencing judges on “You May Be Allowed to Smoke Marijuana While on Felony Probation”
Modification of Probation
Probation is the suspension of the imposition or execution of a sentence, where an individual is conditionally released from custody under the supervision of a probation officer or the court. Probation is generally reserved for those individuals whose conditional release into society poses minimal risk to public safety. In order “Modification of Probation”
Early Termination of Probation in DUI Cases
California law affords judges a great deal of discretion to terminate probation at any time. Most misdemeanor convictions are punishable by a probation term of three years. A specific provision of the California Vehicle Code, however, specifies that DUI violations are to be punished with at least a three year probation “Early Termination of Probation in DUI Cases”
Roman Polanski has a Fighting Chance and Nothing to Lose
The man famous for his Hollywood movies, murdered wife, and life as a fugitive may be extradited from Switzerland to a Los Angeles, California courtroom. Polanski faces sentencing in a felony sex case over three decades old. He fled the United States jurisdiction after he pleaded guilty and before the sentencing hearing. He has “Roman Polanski has a Fighting Chance and Nothing to Lose”
San Diego Criminal Courts Closing, Prisoner Early Release
The unprecedented California budget crisis has now resulted in the San Diego Superior Court closing every third Wednesday of the month, effective September 1, 2009. Court clerks have already cut-back to a shorter work day, and the court closing will put further strain on a majority of criminal court defendants and “San Diego Criminal Courts Closing, Prisoner Early Release”
Juvenile Offenses Can Be Used as Strikes
Juvenile adjudications (convictions) can be used against adult criminal defendants under the “three strikes” law even though juvenile defendants have no right to a jury trial. The California Supreme Court, in People v Nguyen, held that prior juvenile adjudications that qualify as serious or violent felonies (“strikes”) can used to “Juvenile Offenses Can Be Used as Strikes”