Every year about this time attorneys start to chit-chat about the changes, if any, that the new year will bring for laws in the state of California. Some are rumors, many are wishful thinking but one thing is certain, there will be changes. Among the many new statutes destined to make their way to the law books are those that affect the way people are sentenced and where the convicted felons will serve their time. The people saw a marked change in the way these laws were enforced when the “re-alignment” laws were imposed a couple of years ago. These laws were designed to keep more felons in local jails, as opposed to seeing them transferred to state prison.
Also, we will see changes in gun laws, weapons possession and the restrictions, if any that will be imposed upon gun owners as a result of the massacre at Sandy Hook just a couple of weeks ago. There will always be a knee jerk reaction by folks after a tragedy such as what was bestowed upon the children of that community. The legislators will look to quick and often ill-conceived laws that seem to provide some level of assurance that such a massacre will never again be seen, only to at some point be worthless in practice and affect very few.
We will also, see changes in the sex offender laws in the state, many Torrance Criminal Attorneys deal with these types of restrictions and we can always look forward to a more strict enforcement of the provisions of the code that deal with where and how a registered sex offender can live. Yes, 2013 will see changes.
The Orange County response to “re-alignment” is charge enhancement! My husband, did some real stupid moves this last year. He lost his job and he has a drug issue. So, he lifted CD’s TWICE. The first time, the public defender talked him into taking a strike, even though the case was weak. He ran and was physically confronted by the prevention loss personnel. In this case he did not even touch the staff, although, they state he did the film shows otherwise. The DA and his attorney say they want to give him 5-9 years in prison!
What happens is the police are simply changing shop lifting charges to Robbery in almost every case where a man is involved. The public defenders know people want out of jail, get them the take the strike and then they are screwed if they shoplift again. They are “violent” and Bam! “re-alignment” is out the door.
I fully expect to see a child behaving poorly who grabs a candy bar and run past a clerk to be charged with strikes – Really! What Country are We In Anyway?
He has been in jail almost a year now for two CD’s.