In California, defendants convicted of a crime and sentenced to a determinate term in the state prison are generally required to serve their entire sentence imposed by the court except for a reduction in the time served as a result of their performance in work, training or education programs organized “California Allows Prison Inmates to Earn Work Time Credits While Incarcerated”
Defending Wobbler Offenses in San Diego
There are three categories of offenses in California: those that are punished as a felony, misdemeanor, or an infraction. A felony is a crime which is punishable by death or imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified “Defending Wobbler Offenses in San Diego”
Expungement of a Criminal Conviction in San Diego
In applications for professional licenses, California requires individuals convicted of crimes to demonstrate rehabilitation before offering a license in many areas of professional life. This includes, for instance, obtaining a job as a lawyer, doctor, nurse, dentist, contractor, banker, or real estate professional. Obtaining an expungement of a criminal record “Expungement of a Criminal Conviction in San Diego”
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”
California Courts Disagree on Lengthy Prison Terms for Juveniles
Last year, the United States Supreme Court held in a deeply divided opinion that a sentence of life imprisonment without parole (LWOP) for any juvenile offender who did not commit a homicide was unconstitutional as cruel and unusual punishment under the Eighth Amendment to the United States Constitution. The court, however, “California Courts Disagree on Lengthy Prison Terms for Juveniles”
Life Imprisonment without Parole is illegal in Non-Murder Juvenile Matters
The United States Supreme Court in a deeply divided opinion reversed a conviction of a 16-year old minor who was sentenced to life without parole (LWOP) for a non-homicide Florida offense of home invasion robbery. In Graham v. Florida, the court held that a sentence of LWOP for any juvenile “Life Imprisonment without Parole is illegal in Non-Murder Juvenile Matters”
Are Juveniles Lawfully Subject to Life without Parole?
The United States Supreme Court will entertain oral argument today on the issue of whether a life sentence without parole for a juvenile offender convicted of a non-murder offense violates the Eight Amendment’s prohibition on cruel and unusual punishment. The Court has already decided that juveniles are not subject to “Are Juveniles Lawfully Subject to Life without Parole?”
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”