Legal Developments

Assembly Bill 256

Published on: October 25, 2022 | by Barhoma Law

California Lawmakers Pass AB 256, an Effort to Reduce the Racial Disparity of the Criminal Justice System

It’s beyond argument that the criminal justice system has a very unfortunate history of being applied in a racially discriminatory manner. In fact, according to the Public Policy Institute of California, Black and hispanic men are imprisoned at ten times the rate of white men. Finally, after decades of turning a blind eye to this injustice, California lawmakers have started to make meaningful strides towards a more racially just justice system with the passage of Assembly Bill 256 (“AB 256”).

What Is AB 256?

Another Barhoma Law, P.C. Client Resentenced; ABC7 and Other News Outlets Closely Follow His Release

Published on: February 8, 2022 | by Barhoma Law

ABC7 publishes an article covering California Criminal Appeals attorney, Matthew Barhoma’s work in a re-sentencing of his client pursuant to Penal Code 1170(d)(1) and AB 2942.

The article highlights a recent success for Barhoma Law, P.C., where the Firm successfully reduced a client’s sentence just mere 9 months after retaining the Firm. Our client, Mr. Earl Snoddy, spent the last 27-years behind bars for a crime he likely did not commit. The Firm filed a conviction integrity request. In addition, Mr. Snoddy, through his counsel, sought to recall and renegotiate on the sentence by submitting an AB 2942 / Penal Code § 1170(d)(1) petition. The matter had deep implications among the California Three Strike laws and various enhancements, as discussed by the ABC7 article and coverage on the matter.

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Family Reunited

Attorney Matthew Barhoma appears on CourtTV for Analysis on Sentencing Laws and Recent Developments

Published on: February 8, 2022 | by Barhoma Law

Renowned California Criminal Appeals Lawyer Comments on Recent Criminal Justice Headlines

Recently, founder of Barhoma Law, P.C. Attorney Matthew Barhoma, appeared on Court TV to discuss several of the nation’s highest-profile criminal cases.

Ahmaud Arbery

BARHOMA LAW, P.C. CLIENT, EARL SNODDY, RESENTENCED AFTER 9 MONTHS OF RETAINING THE FIRM. CLIENT CASE FEATURED ON ABC7, KTLA, FOX11 AND MORE

Published on: February 7, 2022 | by Barhoma Law

Barhoma Law, P.C., client, Earl Snoddy, is resentenced by the state court, making him a free man just 9 months after retaining Barhoma Law, P.C., the leading California Appeals and Post-Conviction law firm.

Mr. Earl Snoddy spent 27-years behind bars. Barhoma Law, P.C. successfully recalled his sentence pursuant to Penal Code § 1170(d)(1)/AB 2942. Barhoma Law, P.C. reached a joint-stipulation with the Los Angeles District Attorney’s as to Mr. Earl Snoddy’s new sentence. Due to this case, the Los Angeles County District Attorney’s office has hired a Re-entry specialist with demonstrated decades of experience. Attorney Matthew Barhoma and Barhoma Law, P.C. team members worked alongside the re-entry specialist to enroll Mr. Snoddy in a re-entry program, where he will learn to become reintegrated into everyday society.

Barhoma Law, P.C. additionally worked closely with attorneys within the DA’s office, who felt passionate about the merits of this conviction.

Certificates of Rehabilitation Are an Underutilized Resource for Many Former California Inmates

Published on: November 3, 2021 | by Barhoma Law

The effects of a felony conviction are severe and remain with you for life. However, by obtaining a certificate of rehabilitation, inmates can regain many of the liberties they’ve been deprived of due to their conviction. While certificates of rehabilitation are not new, by any means, they are underutilized, in large part, because they are misunderstood. Read on to learn more about certificates of rehabilitation and how to obtain one.

What Is a Certificates of Rehabilitation?

A certificate of rehabilitation is a court determination that a former inmate has been fully rehabilitated. In this way, a certificate of rehabilitation does not help currently incarcerated inmates; however, it can help formerly incarcerated inmates on their journey to rebuild their lives and become contributing members of society.

The Breakdown of California’s New Sentencing Enhancement Laws

Published on: September 21, 2021 | by Barhoma Law

Over the past decade, California lawmakers have taken significant steps to improve the state’s broken criminal justice system. Lawmakers began to realize that decades of a “War on Drugs,” coupled with the state’s tough-on-crime stance, resulted in over-incarceration, mostly of Young Men of Color. However, given the recent sea change in the state’s sentencing enhancement laws, thousands of current inmates stand to have their sentences reduced. Below is a description of some of the most notable new sentencing enhancement laws over the past few years.

Senate Bill 180

Effective: January 1, 2018.

State and Federal Writs for Habeas Corpus, Generally Explained by Leading Criminal Appeals Lawyer

Published on: July 22, 2021 | by Barhoma Law

The writ of habeas corpus, or the “Great Writ” as it is also known, is a powerful tool. The writ of habeas corpus calls for the review of an individual’s incarceration, requiring the government to justify why it is holding someone in custody. When properly used, a writ of habeas corpus can compel the release of an inmate. However, as powerful as the Great Writ is, it is also commonly misunderstood. These misunderstandings can often result in inmates improperly filing for habeas relief, possibly risking proper review in the future. In the post, leading California criminal appeals lawyer explains: (1) what a Writ of Habeas Corpus is; (2) the differences between state and federal writs of Habeas Corpus, and (3) the requirements of Exhausting your state legal remedies.

What Is a Writ of Habeas Corpus?

Simply put, a writ of habeas corpus calls into question the continued incarceration of an individual. Thus, aside from direct appeal relief, a petition for writ of habeas corpus is another important way for inmates to challenge their conviction or sentence. However, unlike an appeal, a writ of habeas corpus does not give a petitioner the chance to relitigate their case. Writs of habeas corpus are limited to situations in which someone is incarcerated due to an incorrect application of law or newly present circumstances justifying their release.

California Announces Release of 76,000 Inmates in Coming Months

Published on: May 11, 2021 | by Barhoma Law

For decades, California had the largest prison system of all U.S. states. However, in more recent years, sociological and scientific research indicated that the effects of mass incarceration can do much more harm than good. For example, a 2019 study conducted by the California Legislative Analyst’s Office notes that the average annual cost to incarcerate one person exceeds $80,000. Of course, ending mass incarceration not only provides economic and societal benefits but is also the right thing to do from a human rights perspective.

California lawmakers have been on the forefront of criminal justice reform. Most recently, California Governor, Gavin Newsome, announced a policy by which 76,000 inmates will become eligible for early release. The measure is designed to incentivize good conduct while incarcerated, allowing inmates to more easily use early release credits to get out of jail. More specifically, under the new rule, an inmate can use good behavior credits to shorten their sentence by up to one-third. Previously, there most a sentence could be reduced was one-fifth.

Unlike many other criminal justice reform measures, this new rule applies broadly to inmates convicted of all types of offenses, including those convicted of violent crimes. According to a recent report by the Associated Press, 63,000 of the inmates who will become eligible for earlier release are serving time for a violent offense. The new rule will also allow approximately 20,000 inmates currently serving a sentence of life in prison with the possibility of parole to qualify for early release. In part, the reason why this figure is so high is that other criminal justice reform measures have overlooked this population.

California’s Progressive Criminal Justice Reforms Explained by a Criminal Appeals Lawyer

Published on: April 28, 2021 | by Barhoma Law

In recent years, there has been widespread recognition of the harms that come from over incarceration. Whether it be due to improper policing or overly punitive sentencing schemes, the current criminal justice system does not strike a fair balance between protecting society from harm and focusing on the rehabilitation of offenders. California lawmakers are among the first to implement significant policy changes to address these concerns.

Over the past few years, California has implemented a slew of criminal justice reforms designed to fix what many are finally recognizing is a broken system. Below are a few of the most notable reform policies.

Special Directives

Recently, the District Attorney of Los Angeles County, George Gascon, issued a set of “special directives” focused on creating a fairer criminal justice system. The special directives are broad in scope and address a wide range of problems with the current system. For example, the special directives address pre-trial incarceration, police misconduct, sentencing enhancement, youthful offenders, and established a “conviction integrity unit” that provides for the review of previously obtained convictions.

AB 1509

Gun crimes bring along some of the most significant penalties, even for mere possession of a firearm. Part of the problem when it comes to the inequities of gun sentencing laws stems from duplicative punishment. For example, under the current system, a person found guilty of using a gun during the commission of a crime would face punishment for the underlying crime, possession or use of the gun, as well as a sentencing enhancement for having or using a gun while committing a crime. Recently California lawmakers proposed AB 1509, which would drastically reduce sentencing enhancements for gun crimes.

California Lawmaker Proposed Bill that Would Significantly Change the State’s Sentencing Enhancements

Published on: April 13, 2021 | by Barhoma Law

Earlier this year, Assembly Member Alex Lee (D-San Jose) introduced AB 1509, named the Anti-Racism Sentencing Reform Act. If passed, the bill would drastically reduce the sentencing enhancements courts use to sentence those convicted of having a gun in their possession when they committed the underlying offense. Lee explains that the practical effect of the current sentencing enhancement laws has a disproportionate impact on People of Color, noting that 89 percent of those incarcerated based on these enhancements are People of Color.

How Do Sentencing Enhancements Work?

A sentencing enhancement is an increase in the maximum allowable punishment that is based on a certain fact. In the case of gun-sentencing enhancements, a person convicted of certain crimes will face a significantly longer sentence because they carried a gun when they committed the offense. However, sentencing enhancements are duplicative and unnecessary, as the law allows for a person who has a gun when committing another offense to be charged with the underlying offense as well as for possession of a gun. In other words, under the current state of the law, if you were to commit a robbery while carrying a gun, you would face robbery charges, gun charges, as well as a sentencing enhancement.

How Would AB 1509 Change Gun-Sentencing Enhancements?

If AB 1509 passes, it would significantly reduce—although not eliminate—the sentencing enhancements for those convicted of certain crimes while carrying or using a gun. For example, under the current framework, the sentencing enhancements are as follows: