When Charged With a Crime ®

Ever wonder what the point of putting someone on probation for 3 years was when there isn’t much, if any, supervision after the first few months? The California legislature has too, and that’s why it passed Assembly Bill 1950 in late 2020. AB 1950 was signed by the Governor and went into law on January 1. As discussed in this video by our Firm’s Managing Partner, David P. Shapiro, AB 1950 will have a significant impact on the length of probationary terms for many of those who have been convicted of either misdemeanor or felony offenses. The basic rules under the new law – subject to exceptions we’ll go into below – are as follows:

__• The maximum probationary term for most misdemeanor convictions is now 1 year.

__• The maximum probationary term for most felony convictions is now 2 years.

Until now, the cap on misdemeanor probation was generally 3 years. With felony probation, the cap was generally 3 years or more. The rationale behind the new law includes several factors, but primarily rests on the evidence that the most restrictive time for probation is during the first year and a half, after which, the only significant requirement has historically been that you stay out of trouble.

Note, however, that there are exceptions to these caps on probationary terms. They include, notably, DUI, most domestic violence convictions, many violent and strike felonies, and certain grand theft crimes, among others.

If you are facing a misdemeanor or felony charge, you need to be aware of the probation limits that apply in your case. Your attorney should be mindful of these new laws when outlining the path to attaining the best outcome for your case. If you are already on probation, the law may apply to you retroactively. This is central to your ability to seek an expungement of your record under PC 1203.4.

California voters approved Proposition 17 this past November, restoring the right to vote for felons on parole after serving their prison sentences. Previously, the state constitution disqualified those convicted of felonies from voting until their imprisonment and parole were completed.

The new law amends both Sections 2 and 4 of Article II of the Constitution. Section 2 now states that if you were disqualified from voting while serving a prison term, your right to vote is restored after serving that term. Section 4, as originally written, disqualified from voting those on parole after serving a prison term. That disqualification has now been removed. California now joins 19 other states which permit paroled felons to vote. It has been estimated that the new law will affect over 50,000 Californians.

In this short video, our Partner Stefano Molea explains the new law, as well as the rationale behind it. That rationale includes the result of studies showing that where the vote is restored, prior offenders are less likely to commit new crimes. Many believe that with the right to vote comes a sense of having a voice in the community the former offender has, or soon will be, integrating into.