What Crimes Fall Under The Three Strikes Law in California
Published on March 8, 2021California’s Three Strikes Law was originally established in 1994. Under this legislation, harsher punishments are given to defendants with prior felony convictions known as “strikes.”
What happens after your second strike?
As stipulated by the California Three Strikes Law, if a defendant is convicted of a new felony after having already suffered a prior strike conviction, they will be sentenced to twice the standard penalty for that crime. In addition, they will be statutorily ineligible for probation, and may be required to serve up to 80-85% of their sentence, as opposed to the usual 50% percent with good behavior, depending on the severity of the new offense.
What happens after your third strike?
If a defendant is convicted of a serious or violent felony for a third time, the punishments only worsen. For third strike offenders, the state mandates a sentence of 25 years to life. In addition, they are ineligible for probation, and must complete their entire sentence unless they qualify for early nonviolent parole under Prop 57. See In re Edwards (2018) 26 Cal.App.5th 1181.
What crimes fall under the Three Strikes Law?
Since its enactment in the 1990’s, there have been some amendments to the legislation. The passage of Proposition 36 in 2012 has redefined which types of cases apply to the Three Strikes Law. Under Proposition 36, to receive a third strike, the defendant must have committed a “serious or violent felony.”
Prior to the 2012 reforms, any felony, no matter how minor, might have triggered a third strike. Now, however, only major felony crimes like rape are punishable under the Three Strikes Law. Below is a list of other crimes that still qualify as third strikes under the new legislation.
Examples of “violent” felonies:
- Murder or voluntary manslaughter,
- Oral copulation or sodomy by force,
- Arson,
- Kidnapping,
- Carjacking,
- Assault with a deadly weapon, and
- Any felony involving a firearm
Examples of “serious” felonies:
- First-degree burglary,
- Robbery,
- Grand theft involving a firearm, and
- Sale of cocaine, heroin, PCP or methamphetamine to a minor
Can courts remove strikes?
In certain cases, courts may choose to dismiss prior strikes. Once a defendant files what is called a Romero Motion, the judge assesses the circumstances of the case to determine if a dismissal is appropriate. When doing so, they look at the type of crime, how long ago the prior strikes happened, and the defendant’s criminal history.
Can a defendant appeal a Three Strikes sentence?
The recent revisions to the Three Strikes Law under Proposition 36 give those who were convicted of crimes no longer included in the legislation the chance to appeal their sentences. If their appeal is successful, the defendant may have a chance at an early or immediate release.
Spolin Law P.C.’s success rate is based on our strong desire to win each case we handle. Call us or reach out online to learn how we can handle your Writ of Habeas Corpus.
Governor’s Pardons in California
Published on February 16, 2021In California, Governor’s pardons are a type of post-conviction relief that the governor can grant to those convicted of a crime, but now demonstrate that they have been rehabilitated. A pardon relieves the individual of many, though not all, of the consequences and penalties that come with a criminal conviction.
Advantages of a California Governor’s Pardon
There are many benefits of receiving a governor’s pardon. These benefits include:
- The right to serve on a California jury
- Improved employment opportunities, including the right to work as a state parole officer or a county probation officer
- California firearm rights restored
- Relief from having to register as a sex offender (under PC 290)
- The right to apply for a state professional license
- The right to not have witness credibility impeached because of the conviction, and
- A defense to deportation for lawfully present immigrants
Who is eligible to receive a California Governor’s pardon?
In order for an individual to be eligible for a pardon, their crime has to have been convicted in California, as the Governor of California is unable to grant pardons for convictions from a different state or country, or for a federal proceeding or military offense. Individuals convicted in another state must apply for a pardon in that state, while federal and military convictions can only be pardoned by the president of the United States.
Following a satisfactory period of rehabilitation, almost anyone convicted of a crime in California can apply for a pardon. The length of this period of rehabilitation depends on the crime, and can range from anywhere from seven to ten years. This period begins when the applicant finishes parole or probation, during which the applicant must not get convicted of any serious crime. The applicant also must be able to show that they are deserving of the honor of a Governor’s pardon.
Two ways to apply for a pardon in California
There are two ways to apply for a California Governor’s pardon. It can be done by either a Certificate of Rehabilitation or a Direct Pardon. The applicant must notify the district attorney of the county of the conviction that a pardon application has been submitted, regardless of which method they use to apply for the pardon.
Applying by a Certificate of Rehabilitation
Applicants eligible for a Certificate of Rehabilitation (COR) can apply for a pardon by petitioning for and obtaining a COR from the superior court in their county. Once the petition for COR is granted, it automatically becomes an application for a pardon, which the court must send to the Governor’s office. After this, the applicant does not need to do anything else unless contacted by the Board of Parole Hearings or the Governor’s Office. There are some cases in which applicants are not eligible for a COR, as detailed here, but where the traditional pardon procedure can be used.
Applying by a Direct Request to the Governor
A traditional (direct) pardon is open to those not eligible for a Certificate of Rehabilitation, where the applicant submits an application directly to the Governor of California’s office. This application is available through http://www.gov.ca.gov. The Governor must have a majority of the California Supreme Court recommend a grant of clemency before being able to grant a pardon application to someone with two or more felony convictions. The Governor’s Office itself will send the pardon application and all other related documents to the California Supreme Court for review.
Spolin Law Client Walks Free Hours After DA George Gascon Dismisses Murder Charges
Published on February 2, 2021Yesterday a Spolin Law client tearfully reunited with his mother after a long period of imprisonment for a murder he did not commit. The dismissal was formally handed down by Judge Shellie Samuels of Department 112 in Van Nuys Courthouse.
The murder dismissal came about in great part because of the newly-elected District Attorney, George Gascon. Mr. Gascon had campaigned on a promise of criminal justice reform, and he has been quick to implement a series of “special directives” that show increased compassion for inmates and criminal defendants.
Aaron Spolin was the lead attorney on the client’s case, and he was assisted by other attorneys at Spolin Law, including Caitlin Dukes, Matt Delgado (of counsel), and Jeremy Cutcher.
This case had already received significant media coverage for Judge Samuels’ earlier decision to reject the DA’s attempt to dismiss the gang enhancements. (See media coverage: Judge Opposes Gascon’s Reforms, Los Angeles Daily News, 12/17/20. Gascon Blacklists Judge for Policy Noncompliance, Fox 11 Los Angeles, 12/16/20.) The judge eventually gave in on the dismissal of the gang enhancements and then, yesterday, agreed to dismiss the entire case.
The client owes a great deal to his mother, who was an absolute fighter and never gave up on him. She had retained Spolin Law for her son’s case and encouraged the firm’s aggressive practice of filing extensive legal motions in court.
As attorney Jeremy Cutcher pointed out: “I’ve never seen a mother so involved in her adult son’s case. And in the end, she got what she was fighting for. It’s wonderful to see.”
To speak with Mr. Cutcher, Mr. Spolin, or an attorney or staff member at Spolin Law about your own case, call us at (310) 424-5816.
What is a Certificate of Rehabilitation?
Published on December 14, 2020A criminal record simply makes your life harder. It may prevent you from being hired, getting an apartment, obtaining a professional license, qualifying for government programs, and receiving student loans. Criminal records usually are publicly available and easily found.
There are some ways to improve your situation. If you are eligible, Spolin Law P.C. can assist you in obtaining a Certificate of Rehabilitation. It’s one of the few ways you can limit the harm caused by your criminal record in California, New York, or Texas. Call (310) 424-5816 or contact us online for a free consultation.
A Certificate of Rehabilitation Can Help You Get Your Life Back
A Certificate of Rehabilitation won’t expunge or seal your record, but it may be your best option if expungement or other post-conviction remedies aren’t available.
Under California law, it’s illegal for an employer with five or more employees to fail to hire someone because of their convictions if they have a certificate of rehabilitation. The certificate also functions as an automatic pardon application.
Under California law, the certificate is issued by a court and attests to your rehabilitation after a conviction. Texas and New York have their own versions. With this certificate, you can recover some of your legal rights. It should also be easier to find a job.
The process involves filling out a form, gathering evidence to support your application, and a court hearing. If you receive a certificate:
- Your civil rights are restored, except your 2nd Amendment rights concerning firearms
- You can’t be denied public licensing or employment (with some limits) due to your conviction
- Depending on the crime, you may no longer need to register as a sex offender
Do You Qualify for a Certificate of Rehabilitation?
The certificate won’t erase your felony conviction or seal the criminal record. If you served time in either state prison or county jail, you might qualify if you:
- Haven’t been re-incarcerated after your release
- Continuously lived in California for at least five years since your release. Some violent and sex-related crimes have longer waiting periods
- Have proof of your rehabilitation since your release
- Aren’t on probation for another felony
- Were convicted of a felony and sentenced to prison, another California state penal institution or agency, or
- Were convicted of a felony and sentenced to probation, and your conviction has been expunged, or
- Were convicted of a misdemeanor sex offense in Penal Code 290 (the Sex Offender Registration Act), and your conviction has been expunged
Proof of rehabilitation can be shown by:
- A record of consistent employment
- Getting drug, alcohol, or domestic abuse counseling
- Engaging in community events and affairs
- Volunteering for non-profit organizations
- Not having an arrest record
- Active involvement in your children’s lives
- Positive letters from employers, clergy, neighbors, community leaders, or volunteer agencies
After filing your application, a hearing is held. You or your attorney will make your case and evidence that you qualify for the certificate. If the court issues the certificate, it’s reviewed by the Board of Parole Hearings. It will later issue a recommendation as to whether the Governor should pardon you.
Take the Next Step. Contact Spolin Law P.C.
A Certificate of Rehabilitation can help get your life back after serving your sentence and successfully returning to society. To learn more about how you can obtain one or to get our help in the process, call Spolin Law P.C. at (310) 424-5816 or fill out our contact form to schedule a free consultation.
New LA District Attorney George Gascon Promises to Re-Open Thousands of Old Cases
Published on December 9, 2020The new Los Angeles District Attorney, George Gascon, has promised to re-open thousands of old cases for California prison inmates with Los Angeles County convictions.
George Gascon defeated the prior District Attorney (Jackey Lacey) in the November election last month. He was sworn into office this past Monday, December 7, 2020. Mr. Gascon then shocked the legal community by announcing a wide array of sweeping reforms and a retroactive application of most of these reforms.
“Retroactive” means that the many of the new changes will affect convictions in the past, whether they are from 25 years ago or from the day before Mr. Gascon took office.
This article was written by one of the criminal appeals lawyers at Spolin Law P.C. To find out more about how George Gascon’s election can affect your case, call our firm at (310) 424-5816.
Types of Cases Affected
The new policies issued by the Gascon administration are listed in a series of special directives that were published on December 7, 2020. They affect the following cases:
Cases with Sentence Enhancements
Special Directive 20-08 commands all prosecutors to abolish sentence enhancements (including gang enhancements, strikes, three-strike penalties).
Juveniles Tried in Adult Court
Special Directive 20-09 orders the abolition of the use of adult court for juveniles. Special Directive 20-14 also orders the re-opening and re-sentencing of “all cases where the defendant was a minor at the time of the offense.”
Writs of Habeas Corpus
Special Directive 20-10 stops the prior practice of automatically opposing all writs of habeas corpus. Now, the DA Habeas Unit “shall not simply oppose the petitioner’s claim” when the inmate’s claims are “supported by reasonably available evidence.”
Innocent Inmates
Special Directive 20-13 completely changes the practices of the Conviction Integrity Unit so that the DA’s Office is tasked with helping prove the innocence of inmates where there are “avenues of investigation that have the potential to substantiate the applicant’s claim(s).”
Inmates with Overly-Long Sentences
As Mr. Gascon said himself: “the sentences we impose in this country, in this state, and in Los Angeles County are far too long … [and I] campaigned on stopping the practice of imposing excessive sentences.” (Special Directive 20-14, 12/7/2020, page 2, italics added). Special Directive 20-14 orders the DA’s Office to allow a review of old sentences and use all available legal methods to fairly resentence inmates who received overly-long sentences.
How an Inmate Can Benefit
The election of George Gascon is great news for California inmates with Los Angeles County cases. However, not every inmate will benefit from the new DA’s changes. Here are some steps that may help you in winning a reduced sentence for yourself or a loved one.
Find a Skilled Appeals Lawyer
While Mr. Gascon is clearly an ally in reducing inmate sentences, he is limited by the laws that currently exist. Spolin Law P.C. handles post-conviction matters for clients throughout California and has experience reaching out to the DA’s Office through some of the legal methods described below.
Learn About New Laws AB 2942 / PC 1170d1
One way to get Mr. Gascon’s DA Office to reconsider a case is to apply under the new law AB 2942, which went into effect in 2019. AB 2942 allows each District Attorney’s Office in California to recommend resentencing for old convictions that occurred in that county. The law, written into the Penal Code, is one way to seek the new DA’s help in reducing an overly long sentence.
Take Action
As one local attorney recently said, “It’s like the DA’s Office is now being run by a true-believer defense attorney.” Nonetheless, there are tens of thousands of unfair sentences that have been handed down in Los Angeles County over the last several decades. In order to benefit from these new policy changes, you will have to take some type of action so that your case gets noticed. The squeaky wheel gets the oil. Speak to your lawyer (or find a lawyer) so that you can begin this process. The appeals lawyers at Spolin Law P.C. are available to review cases and make recommendations.
To speak with a criminal law attorney or staff member at Spolin Law P.C., call us at (310) 424-5816.
Attorney at Law Magazine Features Spolin Law P.C. in a Cover Story About the Firm’s Successes and Mission Statement
Published on December 9, 2020Attorney at Law Magazine describes some of the successes and strategies involved in many of the firm’s recent cases. Click here to download a scanned copy of the article.
The October 2020 New York edition of Attorney at Law Magazine profiled Spolin Law P.C. in a wide-ranging article about the firm’s successful advocacy and its mission statement of treating all clients with respect.
As the article notes, the firm’s fights to win its cases while also treating clients and family members with respect and dignity.
To read the article, you can visit the Attorney at Law Magazine website or read the text of the article copied below:
October 2020 Issue, Attorney at Law Magazine.
Article text copied below:
Fighting for the Innocent
Mary Medina, the mother of a former Spolin Law client, will never forget September 27, 2017. That’s the day the California Supreme Court sided with her daughter after months of appellate advocacy by Aaron Spolin and his firm, Spolin Law P.C. The outcome saved Medina’s daughter from a potential life sentence in prison.
“Aaron and his team saved her life, God bless them,” Medina says. “My close friend had found out about the firm, and we’re so lucky to have found them.”
Medina is one of the many former clients and client family members whom Spolin Law has helped. As one of the nation’s leading criminal appeals law firms, Spolin Law handles post-conviction matters for clients in state and federal courts.
Spolin Law was founded by former prosecutor Aaron Spolin. Besides trying to win cases, the firm’s mission statement includes a goal of “treating every client with respect and dignity,” something that is often lacking in the criminal justice system.
“When I was a prosecutor, we never knew the people we were prosecuting,” Spolin says. “Each case was a faceless statistic, and we were driven by the idea that more time in prison equaled more ‘justice.’”
It was only when Spolin started defending the accused that “I saw how these were often good people trying hard to make it in the world. There are clients who are innocent. And others may have made a mistake but deserve something better than a disproportionate cookie-cutter sentence.”
The criminal appeals process varies from state to state. It generally involves a review of the case records and an analysis of errors or legal mistakes that resulted in a violation of a criminal defendant’s rights. Improper admission of evidence, sentencing error, and ineffective assistance of trial counsel are some common examples of rights violations. If an appellate judge determines that an error was significant enough, the judge can overturn the conviction, modify the sentence, or dismiss certain charges. In some cases, a successful appeal results in the case being permanently overturned.
Besides fighting in court, the firm prides itself on being responsive to clients and client family members. “One of the things that separates our firm from other firms is that we return phone calls and emails relatively quickly,” notes law firm manager. “When you’re a Spolin Law client, you are a VIP.”
Parker is admitted to practice in Maryland and in front of the United States Supreme Court, although she does not perform any legal work for Spolin Law or its clients. Nonetheless, her legal background helps her keep the law firm operating smoothly, which includes communicating with clients, courthouses, attorneys, and other Spolin Law team members to make sure that the firm has what it needs to build its cases.
Caitlin Dukes, one of the firm’s attorneys, remembers the extensive work required on a noteworthy case the firm won earlier this year. As a result of Spolin Law’s efforts, a client’s murder conviction was overturned and Superior Court Judge James Otto ordered for the client to be released on the very day the case was argued.
Spolin had served as the primary author of the written argument while Dukes had handled the oral argument in court, skillfully responding to the prosecutor’s contention that the client should remain in prison for life.
“He had spent 17 years in prison for a crime he did not commit,” says Dukes, who is also a former prosecutor. “When I spoke with the client in our office shortly after his release, it was like meeting a brand-new person. He saw a world of possibilities in front of him, and I could see he was ready to begin his new life on the outside.”
The firm had won a similar case a few months earlier, although the prosecutor there had focused on the legality of the law used to overturn the life sentence. Spolin eventually obtained the dismissal of the life sentence for the client, who was just released from prison about two weeks before the publication of this article. The prosecutor had argued that the underlying law allowing the removal of the life sentence violated the state constitution. But Spolin and his team dissected the prosecutor’s arguments piece by piece, explaining to the judge how the law was indeed constitutional and how the client was entitled to release under every possible theory.
“It was exhilarating and exhausting at the same time,” Spolin recalls. “The firm is selective in the clients it takes on, but when we do take on a client, we go all out.”
Fighting to win cases is just one aspect of the firm’s work. The lawyers and staff at the firm also do their best to help clients and family members get through difficult times. The firm’s senior case manager, Marti Wise, remembers the work she did helping to calm down a concerned father whose juvenile son had been wrongfully charged with murder.
“The entire process seemed stacked against his son, and he did not know where to turn,” Wise notes. “After seeing that this was a case we could handle, I made it my job to help him relax and know that this was ‘our problem’ and not his problem anymore.” In the end, the firm’s work resulted in Superior Court Judge William Wood completely dismissing the case. Minutes after the dismissal motion was argued, the client stood up and walked out of court a free man with no criminal record.
Spolin makes a point of explaining that success on past cases does not guarantee success on future cases. Nonetheless, the firm’s success comes as no surprise to other lawyers who have known Spolin over the years.
“He is a master of legal argument,” says Isaiah Soval-Levine, a Washington, DC–based lawyer who has known Spolin for more than a decade. “But he’s also just an incredibly nice guy. Treating people with respect is part of who he is, so it’s no surprise that in many cases his clients are as happy with how they were treated as they are with the outcome in court.”
“Spolin Law gave us the red-carpet treatment, and it shows,” says Twonia Anderson, the fiancé of a client whose life sentence was overturned in September of 2019 as a result of the firm’s efforts. “Every time the prosecutor filed a motion or argument, they responded with something better. I could tell that our case was important to the firm.”
Spolin Law’s treatment of clients and case outcomes have earned it awards from various organizations, including the National Trial Lawyers, the American Institute of Criminal Law Attorneys, and Attorney & Practice Magazine. This publication joins a growing list of organizations recognizing the firm’s work.
“We’ve gotten to where we are because of the idea of respect,” observes Spolin. “Respect for each client, respect for our work, and respect for the rights each person has under federal and state law.”
For inmates who have been shoved around by the criminal justice system and whose guilt was assumed from day one, this must feel like a breath of fresh air.
To learn more about Spolin Law and how its criminal appeals lawyers can help on your case, call us at (866) 716-2805.
Prior success does not guarantee future success.
What is a Wobbler Offense?
Published on December 8, 2020A wobbler offense, also called an “alternative felony/misdemeanor offense,” is a crime that can be charged or punished as either a felony or a misdemeanor in California. Usually the prosecutor decides whether to charge a wobbler as a felony or as a misdemeanor. In some cases judges will decide how to punish a wobbler offense. In addition, a defendant convicted of a wobbler felony may choose to file a petition with the court to reduce the conviction to a misdemeanor. In California there are hundreds of crimes that qualify as wobblers. These include sex crimes, domestic violence, and fraud crimes.
When can the wobbler offense be reduced to a misdemeanor?
There exist four times when a wobbler crime can be reduced from a felony to a misdemeanor:
- When the prosecution first charges the offense;
- At a felony preliminary hearing when the defendant is held to answer;
- During sentencing; or
- If the defendant was not sentenced to prison, after the defendant has done California’s felony probation and filed a petition to reduce the charge.
How do prosecutors decide how to charge a crime?
California does not mandate how a prosecutor should charge a wobbler crime, it remains at the discretion of the prosecutor. In California prosecutors often follow the crime charging standards put out by the California District Attorneys Association. They suggest prosecutors look at the following factors to inform their decision:
- The defendant’s cooperation with law enforcement;
- The age of the defendant;
- The severity of the crime;
- The defendant’s criminal record;
- The chances of defendant continuing to commit crimes;
- If the defendant is eligible for probation;
- How strong the prosecution’s case is.
When do judges reduce a wobbler felony to a misdemeanor?
Judges, like prosecutors, have the discretion to reduce wobblers to misdemeanors from Penal Code 17. The judge can make this choice at either:
- The preliminary hearing,
- The time of sentencing, or
- Following the defendant’s petition to reduce a wobbler felony to a misdemeanor, for cases where the defendant was sentenced to and already completed California’s felony probation.
Judges are not bound by the prosecutor’s decision on how to charge the crime. If there are mitigating circumstances of the crime, judges are able to reduce a wobbler felony down to a misdemeanor. These mitigating circumstances are circumstances that argue in the favor of the judge being more lenient in sentencing. These mitigating factors include, among many others,
- The defendant not having any priors or an insignificant criminal record,
- The defendant played only a minor role in the crime
- The defendant’s acknowledgement of the wrongdoing and/or restitution to the victim early on in the criminal process
- The defendants earlier behavior on probation or parole was satisfactory.
How does one get a wobbler conviction expunged?
Expungement is a type of post-conviction relief in California that is available to most wobblers. For wobblers it does not matter if the charge ended up as a felony or as a misdemeanor conviction. Eligible defendants can petition for an expungement following a completed probation. If the court grants the expungement, the case is to be dismissed with no conviction. In addition, the defendant does not have to tell any employers in the future about the case. Those not eligible for expungement are people convicted of certain sex crimes involving children. Additionally, in order for the defendant to qualify they must also have not served time in California State Prison for their offense, or had served jail time in a state prison for a crime that would be now served in county jail following Proposition 47’s new legislation.
Contact Spolin Law for Help
If you have any questions about wobbler offenses, you can call Spolin Law P.C. at (310) 424-5816. We have offices in Los Angeles, CA, Austin, TX, and Manhattan, NY.
Spolin Law P.C. Awards 2020 Civil Rights & Criminal Law Scholarship Winner
Published on November 5, 2020Spolin Law P.C. is proud to announce the winner of our 2020 Civil Rights and Criminal Law Scholarship. This year, Spolin Law P.C. has chosen Javier Nicholas Ordieres who will receive a $1,000 scholarship to use toward tuition and other educational expenses.
Created in 2017, the Spolin Law P.C. Civil Rights and Criminal Law Scholarship was developed to support students whose work brings awareness to civil rights issues. This falls in line with the firm’s overarching goals of representing individuals whose rights have been violated and protecting each person’s right to be treated with dignity.
Mr. Ordieres was selected based on his impressive scholastic achievements, combined with his essay, which spoke to the heart of the US Constitution, as more than words on a page. Mr. Ordieres not only captured the faults of our government, but the enduring hope the document imparts, to citizens and immigrants alike – our promised inheritance as Americans.
You can read Mr. Ordieres’ entire essay here.
Javier will be attending the University of Georgia in Athens in the fall, and our team of Los Angeles criminal appeals attorneys looks forward to seeing how leaders like him will preserve and advance the values of the Constitution and support human rights in coming years. We firmly believe that the future of America will be built by compassionate individuals and civil rights leaders.
The Spolin Law P.C. Civil Rights and Criminal Law Scholarship aims to encourage students from different fields to apply.
El Cliente Celebra su Libertad junto a sus Abogados Después de que su Condena a Cadena Perpetua Fuera Anulada
Published on October 9, 2020The California Supreme Court sided with a Spolin Law client earlier this month, effectively saving the client from a potential 50-year-to-life sentence.
Spolin Law represented the client throughout the appeals court process. Earlier this year, attorney Aaron Spolin had won the client’s matter in the California Court of Appeal. When the prosecutor appealed the Court of Appeal’s ruling, the California Supreme Court sided with the Spolin Law client by denying the prosecutor’s petition for further review and thereby settling the matter in the client’s favor.
This is the conclusion of a months-long appellate battle that began when Spolin Law won a hearing in May, which situated the client in juvenile court for a double-murder trial involving elements of self-defense.
After Mr. Spolin won the hearing that would allow the client to be retained in juvenile court, the Los Angeles County District Attorney’s Office appealed the finding to the California Court of Appeal. They argued that the lower-court judge had abused her discretion in ruling for the Spolin Law client and had improperly applied the law. In the defense response, Mr. Spolin argued that the lower court had ruled properly due to (1) new changes in the law enacted by Proposition 57, (2) the intent of the recent proposition coupled with clear legislative intent, and (3) the client’s lack of sophistication, prior trauma, clean record, and ability to be rehabilitated.
To view the table of contents outlining Spolin Law’s appellate arguments, click here.
After Spolin Law won in the California Court of Appeal, the California Supreme Court effectively sided with the Spolin Law client by rejecting the prosecution’s attempt to overturn the lower court’s finding. Because the California Supreme Court is the highest court with regard to California law, there is no further court to which the prosecution can appeal. Therefore, this appellate issue is finally and permanently resolved in favor of the Spolin Law client.
Speak to a Criminal Appeals Lawyer at Spolin Law P.C.
Spolin Law founder and former prosecutor Aaron Spolin is ranked in the top 1% of criminal law attorneys in the state of California. He is an award-winning Los Angeles criminal appeals attorney and, along with the other attorneys at Spolin Law, has been on the winning side of hundreds of cases. For questions regarding how a criminal appeals attorney may help you appeal your case today, please call (310) 424-5816.
Client Celebrates Freedom with His Lawyers After Life Sentence Is Overturned
Published on October 9, 2020Earlier this week a Spolin Law client visited the firm’s office to celebrate his newfound freedom. After two years of work by the firm, the client’s life sentence was dismissed, and he was finally released shortly before the office meeting.
The client and his family celebrated with Spolin Law attorneys and staff. Pictured, right to left, are Aaron Spolin (attorney), C.T. Jr. (client), Caitlin Dukes (attorney), Hemi Tann (case manager), C.T. Sr. (client’s father), Michael Alfi (firm mailroom manager), D.T. (mother), and T.A. (fiancé).
The client’s fiancé, father, and mother were present at the happy occasion. Spolin Law employees present also included attorney Aaron Spolin, attorney Caitlin Dukes, case manager Hemi Tann, and mailroom manager Michael Alfi.
The client had originally been convicted of murder because a person had died during the course of a robbery in which the client participated. However, the client had absolutely nothing to do with the death, did not want it to happen, and had been powerless to stop the unfortunate chain of events that eventually lead to the death. Notwithstanding this fact, the District Attorney’s Office had charged the client with murder. Based on changes in state law since the conviction, the judge agreed with the Spolin Law attorneys that the client’s murder conviction had to be dismissed, resulting in a re-sentencing that eliminated the life sentence.
The firm had won the client’s case several month ago (see earlier link); however, the CDCR and prison facility had improperly kept the client in custody due to an inaccurate interpretation of the client’s time credits. Spolin Law attorney Caitlin Dukes repeatedly contacted the CDCR to resolve this issue and get the facility to actually release the client. The client is now considering a money-damages lawsuit for improper confinement during the extra months he spent in prison.
“It was beautiful to see their whole family together,” said Hemi Tann, who is a case manager at the firm. “I felt wonderful knowing that we had helped this family get their son back.”
The client has already been offered a job as an auto mechanic and hopes to begin work shortly. He will finally have a chance to make up for the years he lost and start his life over with his fiancé, who supported him throughout the process.
To discuss this case or any other appellate matter with a Spolin Law attorney or staff member, call us at (310) 424-5816.