Friday, September 2, 2011

Changes are coming to California sentencing

Change is coming to felony sentencing in California state courts. Under AB109 and its various amendments and corrections (with more still to come) sentencing in California is going to change for some but not all persons convicted of a felony. Under the general term of "State Realignment" some persons who may have previously been sentenced to go to CDCR(prison)may soon be allowed to serve their time in the county jail. Types and time on probation is changing along with supervison status. Some persons in prisons may be returned to the local jail or other community facilities.

Because of the many questions, the unresolved issues, and still more changes in the pipeline, implementation of the program has been put off until October 1, 2011.

All of this is important if you are charged with a felony. For some people it will not matter--persons with strikes, person who have to register under PC 290, if the current offense is a serious or violent felony or is a "exempt offense." But for others it could be very import in what kind of plea terms to accept, whether to delay entry of a plea and sentencing, and what new options are available for pleas and sentencing.

It is always harder to accomplish a goal when the rules are changing and uncertain, but it may also open new opportunities to the defendant. Therefore it is important that you have competent defense attorney that can get the most for you in this new and uncertain environment.

If you need an honest evaluation of your case go to: