Strikes are included in Penal Code section 1192.7(c) (“Serious Felonies”) and Penal Code section 667.5(c) (“Violent Felonies”). [See Cal. Penal Code § 1170.12(c)(2)]. As mentioned on this website, under California’s Three Strikes Law, an offender can face up to 25 Years to Life in the State Prison if he or she is convicted of more…
If you are sentenced to State Prison, County Jail, or County Jail as a condition of probation, you are ordinarily entitled to “half-time” credits, unless you committed a violent felony (a type of “strike” offense) requiring you to serve the offense at “85 percent” time [Cal. Penal Code §§ 667.5(c), 2933.1], or have been found…
As of September 28, 2016, Governor Brown approved a new regime governing restricted licenses in DUI cases. Currently, for a first time DUI, there is a mandatory “hard” suspension period of 30 days, after which the driver can apply for a restricted license if they: (1) Show proof of SR-22 insurance; (2) Pay an administrative…
Changes Created by Prop. 57 in Charging Minors as Adults Proposition 57 was the second major change to juvenile transfer hearings within a year that evidences a new rehabilitative focus in which the transfer criteria are viewed in light of the minor’s maturity, intellectual capacity, physical, mental, and emotional health at the time…
The Fourth Amendment: Warrant Required Unless Lawfully Recognized Exception The Fourth Amendment dictates that warrantless searches inside a home without warrant “are presumptively unreasonable.” Payton v. New York (1980) 445 U.S. 573, 586. In order to justify a warrantless search, the government’s interest in conducting the search must be rise to a level greater than…
The California Appellate Court published an opinion agreeing police performed illegal search of a Honeychurch & Boyd client, which resulted in his conviction being vacated and all charges dismissed against him. The system actually works for justice from time to time if you can believe it. Read the article here: Appellate court rules Fairfield officer…
The crimes of carrying a loaded firearm or possession of a concealed firearm both require that the firearm be carried by the person in a “public place”. But this is limited to what the Courts construe as the meaning of a “public place”. What the Jury Instructions Say Jury instructions are often a helpful way…
Honeychurch & Boyd, Attorneys at Law
823 Jefferson St., Suite C
Fairfield, CA 94533
Phone:
707.429.3111
