The News on the NEW LAWS FOR 2010—WHAT YOU SHOULD KNOW

Each year, there are new laws that increase penalties for certain crimes or create new crimes entirely that you should know.  This is not an exhaustive list, but certainly a brief list of those crimes commonly charged and defended by this office.

In brief, the most important laws are for persons already incarcerated in the county jail system and prison system. Sentence reduction credits (“time credits”) are increased for most Inmates of prisons and of county jails! Low risk, less serious offenders can no longer be sent back to prison for parole violations.

Good Time/Work Time credits increased:  The time credits for most, but certainly not all, county jail inmates are increased.

Formerly, for every four days served in county jail, most inmates were deemed to have served six.

Now, for every two days served, most inmates are deemed to have served four. This is an increase, for every 4 days served, from 6 days deemed, up to 8 days.

There are always exceptions;

(1) those convicted of violent felonies, who are still limited to the 15% reduction

(2) those required to register as sex offenders under Penal Code section 290

(3) those convicted of serious felonies, and

(4) those with prior serious felonies.

 All of the above except 1, require four days service to get six days of credit.

Up to 6 weeks of additional credit can now be earned by most prisoners for successful completion of certain prison programs.

Except…

These credits cannot be earned by persons in for (1) serious felonies, (2)

violent felonies, (3) offenses requiring registration as sex offenders under Pen. C.

§290, (4) parole violations, (5) repeated recidivist offenses as defined, or (6)

currently in segregation for misconduct.

Penal Code 1008—“New Reentry Program”- For First Time Non-Violent Drug Offenders, consult your local Court for creation this program.

Domestic Violence Crimes-New requirements- From now on, there is no citation only (in other words, mandatory booking) in most domestic violence misdemeanors, including Penal Code section 273.5, 273.6 , if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party violating a restraining order .  Additionally, the District Attorney in domestic violence cases may ask for a conditional exam of the complaining witness or victim.  This may occur in situations where there is evidence of threats or violence not to testify (“dissuasion”).

Probation and Parole-- 

1.      Probation- If convicted of a crime in one jurisdiction, yet you reside in another, it is going to be much easier to transfer your probation to where you reside.

2.      Parole- In brief, those with parole violations that are non violent are unlikely to return to prison.

Brass Knuckles- Now expanded to “composite knuckles”.

Nitrous Oxide- It is a misdemeanor to sell or give away a [container] exclusively containing nitrous oxide, or exclusively containing a chemical compound mixed with nitrous oxide, to a person under 18 years of age.  It is a defense if you honestly reasonably believed that the person was at least 18 years of age.

Computer Hacking- Fines are being increased.

This is by no means an exhaustive list, but it is a short list of the most common crimes that may be of interest. If you have any questions about any of these new laws and how they affect can affect your case, contact our office.