Articles by Topic or Issue (Prop 47 - Rape)

Prop 47

1. Proposition (Prop) 47 and What It Means for Sentencing

2. When Can Judge Reduce a Felony to a Misdemeanor (PC § 17(b))?

3. Prop 47 - Must One Ask for Relief or Is It Automatic?

4. Prop 47 – Who Has the Burden of Proof on Resentencing?

5. Can Proposition 47 (Prop 47) Increase One’s Sentence? Yes

6. Does Prop 47 Apply to the Three Strikes Reform Act?

7. Proposition 47 (Prop 47) Now Applies to Juvenile Cases

8. Can Prop 47 Alter a Negotiated Plea Bargain?

9. What Is a Motion to Reclassify a Felony As a Misdemeanor?

10. Can Prop 47 Apply After a Felony Conviction is Expunged?

11. Does Prop 47 Reduce a Federal Sentence of Life in Prison?

12. Prop 47 Relief Does Not Guarantee a Shorter Sentence

13. What Are “Super Strikes” in the Context of Prop 47?

14. Does Prop 47 Apply to Offenses Related to Drugs or Theft?

15. Prop 47 Relief on Prior Drug Convictions – Where to File?
16. Cultivating Marijuana Conviction and Prop 47 – Eligible?

17. Prop 47 & PC § 484e(d)– A Liberal View of Theft Offenses

18. Is Attempted Burglary of a Vehicle Covered by Prop 47?

19. Are Theft by Forgery Convictions over $950 Prop 47 Eligible?

20. Does Prop 47 Apply to Theft of a Cell Phone from a Locker?

21. Does Felony PC § 459 Qualify under Prop 47 As PC § 459.5?

22. Does Proposition 47 Apply to Joyriding (VC § 10851(a))?

23. Does Prop 47 Apply to Joyriding (Vehicle Code § 10851(a))?

24. Is Vehicle Code § 10851 Eligible for Prop 47 Relief?

25. Prop 47 Can Apply to a Conviction for Joyriding (VC § 10851)

26. L.A. County Case with Liberal View of Prop 47 & PC 484e(d)

27. Felony Second Burglary, Based on Fraud – Prop 47?

28. Prop 47 Relief Denied on Grand Theft Conviction – Why?

29. Is Possession of Counterfeit Money Subject to Prop 47?

30. Is Using a Stolen Credit Card Eligible for Prop 47 Relief?

31. Does Prop 47 Apply to Strike a Sentencing Enhancement?

32. Does Penal Code § 459.5 Include Theft by False Pretenses?

33. Can a Judge Condition Prop 47 Relief upon Plea Withdrawal?
34. May a Judge Add Up Forged Checks to Deny Prop 47 Relief?
35. Can Prop 47 Relief Be Barred for a Juvenile Record?
36. Under Prop 47, Is Passing a Forged Check Shoplifting?
37. Is a Private Club a Commercial Establishment for Prop 47?
38. Can a Judge Increase a Sentence in Granting Prop 47 Relief?
39. Is Receiving a Stolen Motorcycle Prop 47 Eligible?
40. Prop 47: Is Burglary from Employee Only Area Shoplifting?
41. If Granting Prop 47 Relief, Must Judge Lower Total Sentence?
42. Can Prop 47 Change a Federal Sentence of Life in Prison?
43. Do Gang Enhancements (P.C. § 186.22(b)) Bar Prop 47 Relief?
44. Do Conduct Credits Change After My Case Reduced Per Prop 47?
45. Is Amount of Forged Check Determinative for Prop 47 Relief?
46. Does Prop 47 Relief Remove a Felony Sentence Enhancement?
47. I Served 16 Months, Got Prop 47 Relief, Now Can I Expunge?
48. Prop 47: Does Shoplifting Include Breaking into a Machine?
49. Prop 47: Is Theft by False Pretenses Considered Shoplifting?
50. In Determining Value for PC 459, Is Sales Tax Included?
51. How Is Prop 47 Applied to Having Counterfeit Money?
52. Can Prop 47 Remove an Enhancement & 5 Year Wash Out Period?
53. Does Prop 47 Allow Expungement of Juvenile DNA Profile?
54. Is Check Fraud Eligible under Prop 47 for Reduction?
55. Does Prop 47 Relief Bar Commitment As an MDO?
56. What Is a Commercial Establishment under Prop 47, PC 459.5?
57. Commercial Burglary versus Shoplifting and Prop 47?
58. Does Prop 47 Make Receiving Stolen Car a Misdemeanor?
59. How Does the Forgery Exception to Prop 47 Apply?
60. What’s Unreasonable Risk of Committing a Super Strike?

Prop 57 / Parole for Non-Violent Criminals

1. Prop 57 and Increased Custody Credits by Taking Classes?
2. Are Good Conduct Credits Increased under Prop 57? How Much?
3. Prop 57’s Nonviolent Offender Early Parole Criteria
4. Prop 57 and Early Parole Hearing– How Does It Work?
5. Prop 57 Not Retroactive for Juvenile While Appealing?
6. What Is Early Parole Eligibility Based on under Prop 57?
7. Is a Two-Tiered Parole Consideration Valid?
8. Does Senate Bill 1391 Undermine Prop 57’s Intent?
9. Is Prop 57 Retroactive to Then-Pending Juvenile Cases?
10. Sex Offender Excluded from Prop 57 Parole Eligibility?
11. Prop 57 & Juvenile Filing Only Applies to Active Cases
12. If a Franklin Hearing is Granted, Does Prop 57 then Apply?
13. Can Prop 57 Apply if Defendant Resentenced on Appeal?
14. Prop 57: CDCR Has Broad Discretion on Conduct Credits
15. CDCR Prop 57 Regulations Excluding 290 Registrants Invalid
16. Prop 57 Early Parole Consideration & CDCR Discretion
17. Resentencing for a Juvenile Offense, Apply Prop 57?
18. CDCR Ban on Prop 57 Early Parole for Violent Felons Upheld
19. Is an In-Person Parole Hearing Required by Prop 57?
20. Prop 57 Juvenile Fitness Hearing After Habeas Corpus
    

Prostitution

1. What Is Penal Code § 647(b), Prostitution and Solicitation?

2. What Punishment for Charge of Solicitation or Prostitution?

3. LAPD Officer Convicted of Solicitation of Prostitution

4. Convictions for Pimping & Pandering with Character Evidence

5. Can Pandering Be Charged If Victim Is Already a Prostitute?

6. Kidnapping for Prostitution (PC § 267) Conviction Affirmed

7. Residency Restrictions Improper for Illegal Sex Overseas

8. What Is Loitering to Commit Prostitution, Penal Code 653.22?
9. Why Are Prostitution Cases Being Seen As Human Trafficking?
10. What Is Pimping and Pandering? Punishment? Defenses?
11. Pimping & Pandering – What If Woman Already a Prostitute?
    

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Public Intoxication

1. The Punishment for Public Intoxication (PC 647 (f))?

Public Urination

1. What Punishment Do I Face for Public Urination? Jail Time?

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Rape

1. What Is Rape? What Are the Defenses & Possible Punishment?

2. What Is Statutory Rape? What Are the Defenses? Punishment?

3. New Three Strikes Law No Help to Spousal Rape Conviction

4. Charges Upheld for Soliciting Forcible Rape and Sodomy

5. Rape Conviction Overturned Because Uncharged Act Introduced

6. Can One Be Convicted of Two Counts of Rape for One Act?

7. Lady Consents to Sex with Impersonator of Boyfriend - Rape?

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