NEW CRIMINAL LAWS EFFECTIVE JANUARY 2011
::Explained by Pasadena Criminal Defense Attorney Ann Gottesman
Grand Theft property value: The dollar amount of the stolen property has been increased: Prior to January of 2011, in order to be convicted of grand theft, the value of the property stolen must have been at least $450. As of January 1, 2011, the new threshold amount is $950. Grand theft can be charged as either a felony or misdemeanor. Prior to this year, a District Attorney could charge a person with a felony if the value of the stolen goods was $450 or more. The new law now requires the stolen goods be worth at least $950 before it can be charged as a felony. If the stolen goods are valued at less than $950, then it is petty theft. However, if a person has prior theft offenses on his or her criminal record, then even if the stolen property is less than $950, the DA can charge the theft as a felony. This is often called “petty theft with priors”. As a Los Angeles and Pasadena criminal defense attorney, I help many of my clients fight misdemeanor and felony theft offenses.
“Medical Parole” for very sick inmates: SB1399: In an attempt to save money, state prisons can now release state prison inmates early who are incapacitated by health problems. Such inmates who are deemed to not be a threat to the community due to their extreme medical conditions would be released on “medical parole”. In many of these cases the inmates are already being treated in civilian hospitals and health facilities outside the prison. Before the new law, prison officials would have to guard the inmate 24 hours a day, even if the defendant was comatose or physically unable to move. This new law means that prison officials will no longer have to stand guard in hospitals where sick inmates are being treated because these inmates will have been released on parole.
Chelsea’s Law, Sex crimes: SB1844: This new law was signed on September 9, 2010 by former Gov. Arnold Schwarzenegger. Chelsea King was a 17-year-old girl who was raped and murdered in a park in San Diego by a convicted child molester. Chelsea’s Law allows sentences of life without the possibility parole for people who kidnap, drug, bind, torture or use a weapon while committing a sex crime against a minor. This new laws allows a judge to sentence first time offenders to a sentence of life with no parole. Chelsea’s law also increases other penalties for those charged with child molestation. Lifetime parole with GPS monitoring is now required for those convicted of serious sex offenses, such as forcible sex crimes against children under 14.
Medical Marijuana: New Restrictions on Dispensaries: Medical marijuana collectives including storefront dispensaries and mobile outlets may not operate within 600 feet of a school.
Possessing Less Than An Ounce of Marijuana is Now an Infraction: SB14449: Before this year, possessing any amount of marijuana less than an ounce was a misdemeanor punishable by a $100 fine. The new law, SB 14449, reduces the punishment for possessing less than an ounce of marijuana to an infraction with a fine no more than a $100. An infraction is not a criminal offense, which means a person punished under this statute cannot be arrested for the offense, is not required to appear in court, and will not suffer a criminal conviction. This law was long overdue. As a Pasadena criminal defense lawyer, I represent many people charged with drug offenses, including those charged with marijuana offenses.
Infractions Can Now Be Expunged: Under the revised Penal Code 1203.4, most traffic offenses and some non-traffic offenses are now eligible for expungement (record clearing). Previously, only misdemeanors and some felonies were available for expungement. Now, those convicted of infractions such as driving with a suspended license, petty theft as an infraction, marijuana possession, to name a few. The infractions are now eligible for dismissal pursuant to the expungement statute after one year from the date of conviction. As a Los Angeles expungement attorney, I have successfully cleaned many of my client’s criminal records. After my client’s records are cleaned and their criminal and infraction charges dismissed, these clients now have a better chance of finding gainful employment with employers who conduct background checks. The irony is that before this law to effect in January 2011, people with felony theft convictions could earn a dismissal through an expungement but someone convicted of an infraction for a petty theft could not get that infraction dismissed from their record. Now they can!
Call Pasadena Criminal Defense Attorney Ann toll-free today for a FREE consultation:
(877) 3-LAW-NOW
(877) 352-9669
(626) 710-4021
LINKS:
Pasadena Criminal Defense Lawyer
Los Angeles Criminal Attorney
California Criminal Laws 2011