Beginning January 01, 2021, California enacted many important reforms to its criminal justice system. Below are some of the key changes that have just recently taken effect.
AB 3234 – Informal Misdemeanor Diversion
Beginning January 01, 2021, a Judge can offer Informal Diversion in most misdemeanor cases. Even if the Prosecution doesn’t agree, the Court can allow the Client to do classes, community service, pay restitution, etc., and then just dismiss the case after a period of time. All of this without admitting to anything. This is huge! This type of Pre-Plea Diversion has never existed before in California. AB 3234 allows the Client to be diverted away from the criminal justice system and its consequences.
Simply put, the Court may now give you an opportunity to keep your record clean, before admitting to anything. This much needed balance will give criminal defense attorneys more leverage in negotiations. There are a few exceptions including DV charges, registrable sex offenses, stalking etc. However, a key offense that was not omitted are DUI charges. This means that an experienced criminal defense attorney may be able to persuade the judge to grant you Informal Diversion for a DUI!
AB 1950 – Capped Probation Terms
Additionally, probation periods will now be shortened and capped. Now, generally speaking, probation will be set at a maximum of two years for felony convictions and one year for misdemeanors. Felony probation used to be 3-5 years! Now it will be set to 2 years Max. However, there are some exceptions like domestic violence (DV) charges, DUIs, etc.
AB 901 / AB 2425 / SB 823 – Juvenile Justice Reforms
Problem children in school will no longer be sent to probation programs and will instead receive community-based services. Records of minors will also be protected from public inspection from now on. Finally, starting July 1, 2021, a phase out of the juvenile prison system will begin. It will be replaced with the Office of Youth and Community Restoration.
AB 1196 – No Chokeholds By Officers
On a final note – police officers are now banned from using chokeholds and carotid holds. This is an important reform, post-George Floyd, which will prevent anyone being arrested from suffering similar life-threatening injuries in the future.
Have you been arrested or charged with committing a crime? Exercise your right to remain silent and contact our office for a free case consultation.