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Criminal Law Defense: “Realignment” in California’s Criminal Justice System - Part I

Realignment means you may not go to prison, you can still earn “half-time” credits, and you may be supervised for as little as 6 months after release from custody.

FOR IMMEDIATE RELEASE

 
PRLog (Press Release) - Oct. 18, 2011 - Part I of this Realignment discussion talks about how the changes to California’s treatment of felony offenders came about, when it goes into effect, and the primary changes it brings to how your cases will be handled by the courts.

The Catalyst for Realignment:  Beginning October 1, 2011, there are major changes to the California laws dealing with felony sentencing, earning of custody credits, and supervision of people released from jails and prisons.  These changes came about as a result of court decisions that, in essence, ordered California to reduce the population of its overcrowded prisons.

Affected Laws:  In the wake of such decisions, California now has a number of new laws, mostly in its Penal Code.  Those laws both re-define and restructure where and how you may serve custody time, what credits you earn for the time in jail or prison, and how you may be supervised after release.  

Felony Convictions and County Jail:  Until now, people convicted of a felony offense only went to County Jail to serve time if they were put on probation.  Others went to State Prison, often for one of three possible terms:  16 months, 2 years, or 3 years.  Starting October 1, 2011, if you are convicted of a so-called “County Jail Felony” (or what many term one of the “non-non-non felonies”), you will be sentenced to do your time locally, in County Jail.

There are too many of these felonies to list here, and too many exceptions to detail.  But the more common crimes include Commercial Burglary, Grand Theft, Vehicle Theft, Possession/ Possession for Sale of (Some) Controlled Substances, Resisting/Delaying a Peace Officer, Gross Vehicular Manslaughter (limited to some sections), Receiving Stolen Property, and most “attempt” crimes.   If you are convicted of one of these charges and given (for example) a “mid-term” sentence of 2 years, you will do that time in the County Jail facility.  Under the new law, you can still get “half-time” on that sentence; that is, you can earn the right to do only half of your sentence for working and for good behavior.

There are still times you cannot qualify for County Jail time:  (1) Your new conviction is for a serious or violent crime (the “strike” offenses); (2) You have a prior serious or violent conviction; or (3) You must register as a sex offender under Penal Code §290.
There are so many more things to know about Realignment.  Part II of this discussion will focus on possible alternatives to time in custody.  It will explore the opportunities the new laws present for using Electronic Monitoring/GPS devices in exchange for no bail or reduced bail, or even as a substitute to time in custody.  Look for this in the next two weeks.  In the meantime, contact me directly for help now with your case.

*Ms. Connally’s law firm, Connally Criminal Law, is based in San Bernardino County, California.  She is on top of the new Realignment laws, and can help you now with your case.

Since 1996, Ms. Connally has practiced exclusively criminal law defense, serving clients in the Victorville, Barstow, Chino, Fontana, San Bernardino, and Rancho Cucamonga courts.  This article discusses only California law.  It should not be relied upon as a full and extensive statement of the law, or as advice in any particular case.
--Property of Donna L. Connally/Connally Criminal Law; http://www.noquitdefense.com

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Since 1996, Ms. Connally has practiced exclusively criminal law defense, serving clients in the Victorville, Barstow, Chino, Fontana, San Bernardino, and Rancho Cucamonga courts. This article discusses only California law. It should not be relied upon as a full and extensive statement of the law, or as advice in any particular case.
--Property of Donna L. Connally/Connally Criminal Law; www.noquitdefense.com--

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Contact Email:
***@noquitdefense.com
Source:Donna Connally
Phone:909-758-5136
Zip:92817-9998
City/Town:Rancho Cucamonga - California - United States
Industry:Criminal attorney
Tags:realignment, AB 109
Last Updated:Oct 18, 2011
Shortcut:prlog.org/11699069
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