It goes without saying: 2020 was a year of change and challenges. Many of those changes materialized in criminal justice reforms. That is especially true here in California. Several bills were passed in the state Legislature in 2020 affecting the ways in which defendants are prosecuted and sentenced. Most of these new laws took effect at the beginning of January 2021.
The following are the most significant changes and reforms. It’s crucial to fully understand the implications of these changes in order to find the best criminal defense attorney in Los Angeles, Fresno, (or anywhere in California!) who can help you determine how these changes may affect your case.
ADULT CRIMINAL JUSTICE LAWS: DIVERSION, EXPUNGEMENT, AND FEWER FEES
A Focus on Rehabilitation With a Misdemeanor Diversion Program: California’s Assembly Bill 3234
Assembly Bill 3234 intends to greatly increase diversion opportunities for various misdemeanor cases in California. Many who find themselves charged in the criminal justice system with misdemeanors could have their case dismissed or erased upon completion of a court-ordered diversion program.
The new law afforded superior court judges the discretion to offer diversion opportunities – even against the objection of a prosecuting attorney. Certain offenses – such as corporal spousal abuse, stalking, or sex crimes – are exempted. Further, defendants would not be required to enter a guilty plea prior to entering a diversion program.
The diversion program is designed for people who haven’t been in trouble before so they can avoid collateral consequences of a conviction, including having a professional license stripped away. They are still doing community service in lieu of a conviction on their record, effectively giving them a second chance.
California Automatic Expungement of Criminal Records for Misdemeanors: Assembly Bill 1076
Assembly Bill 1076 enacts a host of changes intended to provide record clearance for California defendants who have been arrested after January 1, 2021. The law calls for automatic record expungement for all misdemeanor and non-violent felony convictions.
It would apply to those defendants who completed probation without violations. It would not apply to registered sex offenders, nor those with an open criminal case or currently on probation or parole.
Repeal of Administrative Fees: California Assembly Bill 1869
Assembly Bill 1869 prevents counties from collecting administrative fees associated with incarceration and arrests. This includes fees for booking, arrest, work-release programs and home monitoring among others.
JUVENILE JUSTICE LAWS: FAMILIES, COMMUNITIES, AND CONFIDENTIALITY
Of particular interest to many are new changes to the juvenile justice system that are being implemented in 2021. There are a wide range of changes that include phasing out juvenile prisons and confidentiality of youth records.
Phasing out Juvenile State Youth Correctional Facilities in California: Senate Bill 823
Senate Bill 823 will phase out state juvenile correctional facilities. In their place will be a new Office of Youth and Community Restoration that provides guidance to counties in their handling of juveniles. The overall intent is to support and help youth rehabilitate in settings closer to their communities and families.
California Juvenile Fees Curtailed for Families of Youth in Justice System: Senate Bill 1290
Senate Bill 1290 restricts families from being forced to pay for a host of services related to their child’s involvement in the justice system. These fees include legal representation by a public defender, and fees for food, clothing, and health care while their youth is detained in the juvenile justice system.
Assembly Bill 901: Ending Juvenile Probation Referral in School
Assembly Bill 901 stops the practice of referring habitually truant or disorderly youth into probation programs. AB 901 intends to instead direct youth into receiving community-based resources and support.
Confidentiality of Youth Records Assembly Bill 2425: Confidentiality of Youth Records
Looking ahead, Assembly Bill AB 2425 will protect the records of juvenile offenders from public inspection beginning in 2022. It intends to ensure that those youth who have interacted with the juvenile justice system and are involved in a diversion program have their records sealed.
FIND OUT HOW THESE REFORMS MAY HELP YOU WITH PROPER DEFENSE
You may have arrived here after a quick search of “juvenile defense attorneys near me,” or even “Fresno lawyers near me.” Great! Now that you’re here, the sooner you seek help the better.
With proper legal advice, you may avoid the painstaking process of going through the criminal justice system altogether. You may also benefit from one or more new laws intended to reform the criminal justice system.
Learn about the many potential benefits of seeking a criminal attorney right away on our Proactive Approach page.
For a true advocate that you can trust in a judgment-free zone contact Proper Defense Law Corporation today for a FREE consultation at (559) 825-3800 for the Fresno location, (424) 284-4066 for the Beverly Hills location, or schedule an appointment online on our Contact Us page. It gets better with Proper Defense, we promise.
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