"I'm The Attorney Who Will Be In Court For You With You"
The iron fist in velvet glove—'Water is the softest thing, yet it can penetrate mountains and earth" L. Z.
SB 1437 New Felony Murder Rule
This new rule makes it harder for people to be convicted of felony murder, it allows many inmates already convicted of felony murder to be resentenced to a lower sentence.
Under SB 1437 New “Felony Murder” Rule;
A person can only be guilty of “felony murder,” if the person:
- Is the actual killer.
- Acted with intent to kill, assisted the actual killer, or encouraged the actual killer to kill.
- Acted with “reckless indifference to human life” and was a major participant in the crime.
- The victim was a police officer, killed on the job, “the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of his/her duties.”
To determine this, the court may consider if the defendant played any role-
- In planning the crime that led to death or deaths?
- In supplying or using lethal weapons?
- Was the defendant aware of the danger of the crime, of the weapons used, past knowledge of the participants experiences or conduct.
-Was the defendant present at the scene of the killing, did he/she play a role in the death, or in preventing the actual murder?
-What did the defendant do after lethal force was used?
“Reckless Indifference To Human Life”
To determine this the court may consider the defendant's:
- Knowledge of weapons, use and number of weapons;
- Physical presence at the scene of the crime, if he/she had opportunities to restrain the crime and/or aid the victim;
- Duration of the felony;
- Knowledge of the likelihood of the killing; and
- Effort to minimize the risks of the violence during the felony.
Who Can Be Resentenced Under SB 1437:
- Someone convicted of 1st degree murder.
- Someone convicted of 2nd degree murder.
- Someone who could have been convicted of 1st degree or 2nd degree murder, if proceeded to trial but accepted a plea offer, or
- under the new law could not be convicted of 1st or 2nd degree murder.
Senate Bill 1393 – The Fair and Just Sentencing Reform Act - new law as of January 1, 2019
New Discretion for Judges to Strike Penal Code Five-year Prior Serious Felony Conviction Enhancements
In the past, Penal Code § 667(a) required a sentencing court to add a five-year enhancement to a person’s sentence for each prior serious felony conviction that was charged and tried separately, and Penal Code § 1385 (b) stated that courts did not have discretion to strike § 667(a) enhancements. Effective January 1, 2019, these laws have been changed so that so that sentencing courts can strike or dismiss § 667(a) enhancements if doing so is in the “interests of justice.”
Senate Bill 620 --
New Discretion for Judges to Strike Firearm Use Enhancements In the past, if the prosecutor proved that a person used a gun during a felony crime, a court was required to enhance the person’s sentence under Penal Code §§ 12022.5 or 12022.53. Depending on the circumstances, these enhancements could add at least several years or up to 25 years to life. Judges did not have the power to strike a firearm enhancement. Effective January 1, 2018, these laws have changed so that sentencing courts can strike or dismiss a firearm enhancement if doing so is in the “interests of justice.”
Can Attorney keep me out of jail?
Felonies are serious offenses. However the experienced attorney can still keep you out of jail and/or reduce the number of the charges. Perhaps the greatest calamity that can befall a human being in our society is to be charged with a criminal offense. Only the attorney with years of experience and in the practice of fighting back will help you face this accusation, whether they are true or false accusation;
Some 30 crimes are designated as aggravated felony by the Federal Law, these are violent crimes such as kidnapping, murder and sex crimes, when the loss to the victim is more than $10,000. Some federal and state white-collar crimes are aggravated felonies only if the victim's losses exceed $10,000 such as Fraud, Firearms offenses described in section 5861 of title 26.
Crimes such as Burglary sometimes may count as aggravated felonies only when the accused receives a jail or prison sentence of at least one year.
8 U.S. Code § 1101 explains and lists Aggravate Crimes and the consequences.
Why Innocent People Plead Guilty?
Criminologists study results show that between 2 to 8% of US inmates plead guilty despite being innocent.
Let's say of the 2 .2 million incarcerated only 1% is innocent, that gives us over 2 million inmates are there because of Plea Bargaining, this results in over 20,000 person who are imprisoned because they pleaded guilty to crimes they haven’t committed.
Why do they take a Plea Bargain or Plead Guilty? To the true culprit it's a better option, but we are talking about the innocent.
What's The Leading Cause Of Wrongful Conviction?
The most common cause is the eyewitness misidentifying the accused, over 69% of 350 wrongful convictions were proven to be wrong and were overturned after DNA testing.
What Contributes To Witness Mis-identification?
Witness confidence that can be influenced by: Memory, eyesight, environment, confidence, suggestive instructions given during police lineup, suggestive information due to social media and news.
Why Does An Innocent Person Plead Guilty?
Based on false accusations and witnesses, (who have been given immunity of some sort or just remember it wrong or dislike the accused), the government, through the machinery of criminal prosecution, focuses its formidable powers against the individual. Amassed against the accused will be the prosecutor, the police and often times the general public. Depending on the accused's financial and emotional resilience or support he receives, the falsely accused reaches a point when he/she just wants to end the financial and emotional ordeal they're in, they just want to stop it all, thus they plead guilty to a crime they haven't committed.
Public defenders are overwhelmed with the load of daily cases amassed daily; with private criminal defense attorney Experienced in defending Felony cases, personal attention for your case is definite, therefore, your defense is far more individually catered. Only the attorney with the extensive years of training and continuing education, who has amassed extensive knowledge and experience in our criminal justice system, can and will be able to face all accusations, charges against you.
The punishment for Felony convictions can range from imprisonment for at least one year, but usually much-much longer, also fines, and probation. It can ruin your life by making it difficult to find a job, obtain a security clearance, rent an apartment, or get a loan. (You also won't be able to own a gun for ten years and can't vote if in prison or on parole.)
I will do the worrying for you, I have successfully defended those accused of felonies for over thirty years with very positive ending; With commitment and dedication I will do the same for you, I'm the High profile Criminal Justice Attorney in Pasadena California with years of experience, and in the practice of fighting back.
In most states it's defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim.
It's punishable by imprisonment in the state prison for life without the possibility of parole, or 25 years to life. You don't want to plead guilty for such charges; I will defend you and your rights.
District Attorney Falsifying Evidence- New 2017 bill added to PC § 141(c)-makes it a felony punishable by 16 months up to 2 to 3 years in county jail for a prosecuting attorney to intentionally destroy, withhold or tamper with digital media, image or recordings or any evidence that can influence the outcome of the case.
Business owners are not immune, more and more business owners and their businesses are victims of criminal accusation, I have kept many businesses facing criminal charges in operation and their owners free.
Cases I Litigated for individuals, Attorneys or their families, Businesses and Business owners facing felony with positive results. All remain out of jail and the business owners in operation of their business and free.
- Liquor store charged for selling spirits to underage customers.
- Bar owner charged of selling/serving an intoxicated customer.
- 7/11 franchiser accused of mishandling and food stamp funds profiting from.
- Contractor sued by multiple customers.
- Contractor charged with Fraudulent use of a contractor's license number.
- Contractor facing of multiple CSLB regulations violations with complaints from multiple customers.
- landlord group charged of breached duty, negligence and endangering the tenants well being.
- Real Estate loan CO. accused overcharging client, subsequently taking over their property.
- Gun retailer accused of carrying and selling illegal weapons.
- Hit and run accident with serious injury.
- Third or multiple DUI violations, arrests.
- DUI-DWI Serious accident-wrongful death.
- Student molestation.
- First degree murder with handgun.
- Attempted murder.
- Threats and harassment for over a period of time, methodically, with a decade of staggering evidence against him.
- Arrested with several hundred thousand dollars cash in his car, charged with Felony, I had his cash returned to him, kept him out of jail and dropped all the charges.
Probation Violation- When Probation is violated DA wants couple years in Jail, I was able to get the Probation Reinstated he is free to put his life back together. You Don't want to be in the state's already overcrowded jails nor prisons.
Once your probation is successfully completed you may be able to petition the court to reduce your conviction from a felony to a misdemeanor
Common Causes of felony arrests:
.The person was involved in a traffic accident.
.The person is observed in or about a vehicle that is obstructing a roadway.
.The person will not be apprehended unless immediately arrested.
.The person may cause injury to himself or herself or damage property unless immediately arrested.
.The person may destroy or conceal evidence of the crime unless immediately arrested; such as the metabolic destruction of alcohol in a DUI suspect's body (the "burn off" rate) qualifies as the "destruction of evidence".
-Battery on School Grounds during school hours.
-Carrying a Loaded Firearm
-Assault or Battery Against the Person of a Firefighter, Emergency Medical Technician, or Paramedic.
Examples of Felony crimes:
Battery, domestic and non domestic, hit and Run, Kidnapping, Unlawful detaining of an individual related to you or not, Murder, Manslaughter, Lewd acts with children, forcible sexual acts, assault with weapon, possession of firearms weapons, possession of drugs with intent, 3rd DUI arrest.
Toxic Waste Removal and Disposal Illegally, this is Air Quality Management District AQMD laws and regulations violation, can be Felony or Misdemeanor, even for misdemeanor they insist on jail time, this is a very serious charge to fight.
Contractor facing multiple CSLB regulations violations and/or Fraudulent use of a contractor's license number.