Criminal Appeals: What’s Abuse of Discretion?

Posted on Thursday, August 27th, 2020 at 11:36 am    

When a case goes to trial, the court has some leeway in how they decide certain issues. If they fail to decide the matter in a legally valid way, this could be an abuse of its discretion and you may be able to get the court’s decision overturned.

A criminal appeal in California is challenging, as courts are generally very careful about their protocols. But mistakes happen, resulting in inappropriate evidence being admitted, overly harsh sentences, and wrongful convictions.

If you believe that a legal mistake led to your or a loved one’s current situation, you need an experienced appeals attorney with a history of success in the criminal appeal process. Let Spolin Law, P.C. review your case file, find any errors, and fight to have incorrect decisions reversed.

Start your appeal today. Call (310) 424-5816 for a free consultation with Spolin Law, P.C.

Appeals: Defining Discretion

Discretion is the flexibility given to the court or judge in your case to make decisions based on circumstances, legal precedent, and their own judgment. This is a fairly vague legal concept, but it usually covers very specific decisions made by judges in criminal cases.

When judges act outside the scope of their authority, base decisions on biased views, or misinterpret the law, it can be considered an abuse of discretion.

Some common examples of abuse of discretion are:

  • Not allowing a certain witness to testify
  • Showing bias toward the accused
  • Making flawed rulings on evidence that stifle one side’s rights
  • Influencing the jury to reach a certain verdict
  • Sentences that are far too harsh for the offense

When Abuse of Discretion Occurs

How do you know when abuse of discretion occurred?

This is a hard question to answer definitively since discretion is based on individual judgment. And like most appeals, proving that a legal error happened can be an uphill battle. However, the court does not have to prove that they were correct or fair in their judgment. Instead, you only have to establish that they abused their discretion.

For an appeal court to rule that a lower court abused its discretion, and subsequently denied you a fair trial, you must show that the judge’s decision was so obviously against the evidence and reason that it violated your right to a fair trial.

An appeal based on abuse of discretion can have several possible outcomes. If successful, the appeal court may reverse the trial court’s judgment. If you prove that an abuse of discretion occurred but not that it kept you from receiving a fair trial, the appeal court may comment on the error but not overturn the decision. In addition, if you fail to prove an abuse happened, the appeal court will uphold the trial court’s original decision.

Abuse of Discretion: Standard of Review

Standard of review refers to the grounds on which you request a review of your trial court decision. It is not enough to say that you disagree with the decision and ask for an appeal, nor is it enough to state that the trial was unfair or erroneous.

The appellate court is very limited in what it can look at in an appeal, which is why you and your attorney must choose the correct standard.

Other standards of review include the substantial evidence and de novo standards. Substantial evidence is when the trial court’s decision is not backed up by sufficient evidence. The de novo standard is appropriate when the issue stems from a legal issue, allowing the appellate court to evaluate the case as if the trial court had never ruled on it.

Contact Spolin Law for Help

The court is often slow to overturn decisions, and you have a demanding burden to prove an abuse of discretion occurred. But if you think there’s a chance that such an abuse happened in your case or that of a loved one, you should contact Spolin Law P.C. and speak to an experienced criminal appeals lawyer as soon as possible.

Working with an attorney with a background and history of success in appeals can give you clarity into your case and confidence in your argument. This could result in receiving a lighter sentence, a new trial, or even your freedom.

To find out more about appealing your case, call (310) 424-5816 or reach out online to schedule a free case evaluation.


What is the Substantial Evidence Standard?

Posted on Monday, August 24th, 2020 at 2:40 pm    

Are you interested in appealing your conviction? It’s best to talk with an experienced criminal appeals lawyer at Spolin Law, PC, right away. Our experienced attorneys will obtain and review your trial record, look for legal errors to support an appeal, and discuss your options.

During our review, we’ll apply various legal standards to the court record as we look for errors and opportunities to have your case reversed, reduces, or re-tried. One of the standards of review that might be relevant is the substantial evidence standard. It comes into play if there’s a question about whether the jury had enough evidence to convict you.

To learn more about appealing a criminal conviction or sentence, contact us online or call (310) 424-5816 to set up an initial consultation.

What Is the Substantial Evidence Standard?

The substantial evidence standard is one of the ways appellate courts review a case. Several standards of review exist at different levels. Courts use these standards to analyze certain legal issues consistently. Standards give judges guidelines for how to measure whether a legal error occurred.

When Do Courts Use the Substantial Evidence Standard?

An appeals court uses the substantial evidence standard when reviewing a factual decision made by a jury, like whether a defendant committed a crime. The appellate judges ask themselves whether there was enough evidence to support the jury’s finding. In other words, was there enough evidence for the jury to reach its conclusion, or did the jury’s verdict stretch beyond what the evidence supported?

What Does Substantial Evidence Mean?

Courts defined substantial evidence to mean there is more than a mere scintilla. Simply pu, there is such relevant evidence that a reasonable mind would accept it as adequate to support a conclusion. When an appellate court is deciding whether there was substantial evidence, they consider the whole trial record, including all witness testimony.

The Substantial Evidence Standard Respects the Jury

Different standards of review require varying amounts of regard to the lower courts. For example, the substantial evidence standard typically shows deference to the jury’s decision.

An appellate court assumes a trial jury, which heard the testimony and saw the evidence first hand, was in a better position to decide the verdict than it is. The judges will review the trial record with the verdict in the best possible light.

Appellate Judges Don’t Decide if the Jury Was Right

When appellate judges review a trial record for substantial evidence, they are looking at whether a reasonable judge or jury could have reached the relevant finding based on the facts present at trial. The judges aren’t deciding whether they would have come to the same conclusion. Another judge or jury might have reached a different, yet also reasonable conclusion.

What if the Substantial Evidence Standard Is Not Met?

If an appellate court finds there was not substantial evidence to reasonably support the jury’s decision, then this is a legal error it must correct. An appellate court will reverse a criminal conviction if, after reviewing all of the evidence in the most favorable light to the conviction, it still finds that a reasonable and rational fact-finder could not have found the necessary elements of the crime beyond a reasonable doubt.

Talk with a Criminal Appeals Lawyer Today

If you believe there was, on the whole, not enough evidence to show you committed a crime beyond a reasonable doubt, talk with a criminal appeals attorney at Spolin Law, PC immediately. We tackle federal and state-level appeals regularly, and have a long history of reversals and sentence reductions . We will file a notice of appeal, obtain a trial transcript, submit an opening brief describing the legal or factual errors that took place, and prepare to fight for your freedom.

To schedule an initial consultation about an appeal, contact us online or call (310) 424-5816. We have offices in Los Angeles, CA, Austin, TX, and Manhattan, NY.


Coronavirus Claims the Life of Exoneree

Posted on Monday, August 24th, 2020 at 2:29 pm    

Coronavirus claims the life of exoneree, Richard Lapointe

In 1987, the mysterious death of 88-year-old Bernice Martin rattled the small city of Manchester, Connecticut. Martin was violently raped, stabbed, and strangled. Her apartment was then set to flames and the building burned to the ground with her inside.

Two years had passed, and the offender was still not identified. The Manchester police were frustrated with the little progress they had made and wanted nothing more than to solve the case. However, to do so, they needed someone to blame for the crimes and felt that Richard Lapointe fit their criteria.

Mr. Lapointe was a middle-aged, mentally disabled man, with a loose connection to the victim. The police called Lapointe in for questioning and after a grueling 9 ½ hour interrogation, Lapointe signed three written statements, falsely confessing to all crimes. He was convicted in 1992 and sentenced to life in prison.

However, many recognized the discrepancies in Lapointe’s case and rallied to his defense. Just months after Lapointe’s conviction, a group called Friends of Richard Lapointe was formed. His supporters believed he was unfairly targeted because of his disability and worked to advocate on his behalf. They eventually reached out to Centurion Ministries, an organization that fights wrongful convictions. A band of lawyers at Centurion felt for Lapointe and agreed to help challenge the court’s decision.

In court, his lawyers successfully proved that Lapointe was not given a fair trial nor an accurate verdict. They pointed out that the state suppressed important evidence that would likely have changed the outcome of the case. They also argued that Mr. Lapointe’s original trial counsel failed to provide proper assistance by neglecting to call important witnesses to testify and making no effort to dismiss Lapointe’s false confessions despite overwhelming evidence that showed inconsistency.

The legal team at Centurion Ministries stood by Lapointe for a total of 15 years, working tirelessly to prove his innocence. Finally, on October 2, 2015, his case was dismissed and after 26 years in prison, Lapointe was a free man once again.

Upon his release, Lapointe moved back in with his family until eventually being moved into a nursing home. It was during his time there that Lapointe contracted the novel coronavirus.

Sadly, after valiantly battling the virus for weeks, Richard Lapointe passed away on Tuesday, August 4, at the age of 74.

Sometimes the criminal justice system gets it wrong — more often than we would like to admit. But if Lapointe’s inspiring story has taught us anything, it’s that with the right attitude and a strong support system, we can stand up to the faulty system and fight for justice.

Our hearts go out to the friends and family of Richard. Although Mr. Lapointe is no longer with us, his unwavering resilience and courage will continue to be an inspiration for us all.


What Happens If You Are Arrested For Protesting?

Posted on Tuesday, August 11th, 2020 at 3:47 pm    

Can You Be Arrested While Protesting?


While your right to protest is protected under the first amendment, there are certain restrictions as to where and how you may do so. Failing to comply with these restrictions can result in an unwanted arrest.

There are many reasons you can be arrested while protesting. For instance, you may be arrested for protesting on private property or for disrupting car or pedestrian traffic with your assembly. Law enforcement officers may also break up any violent protests and can arrest protesters who are engaging in violence or property destruction. Violating an order to disperse or neglecting state/country curfews can also put you in handcuffs.

What happens after you have been arrested for protesting?
If you are arrested at a protest, you will be searched and transported to a local police station for processing. There you will be fingerprinted, photographed, and placed in a holding cell. At that point, you can either decide to post your bail or remain in custody until your court hearing, during which your bail amount may be adjusted.

Your first court appearance is known as an arraignment and is expected to occur within 48 hours of your arrest. During your arraignment, you are informed of the charges that have been filed against you and you are asked to enter a plea of guilty or not guilty. If you plead guilty, you will be sentenced right then, if you plead not guilty, you will go to trial. The court will then select a trial date and either set, modify, reinstate, or exonerate your bail.

If you chose to go to trial, you will have to return to court within a few weeks of your arraignment. You will plead your case to a judge and receive a final verdict.

What Are Some Common Punishments For Protesting?


Each case is different. While most offenders receive only minor penalties, certain crimes might warrant harsher and much larger punishments. Below is a list of common protest arrest charges and their respective penalties:

● Unlawful assembly: A majority of arrests made during protests are based on unlawful assembly. Unlawful assembly is a misdemeanor that carries a maximum 6-month jail sentence. Judges rarely assign 6-month sentences unless the circumstances require it.

● Trespassing: Protesters may also be arrested for protesting on private property. In California, trespassing can either be charged as an infraction, a misdemeanor, or a felony. Trespassing infractions carry only a small fine, while trespassing misdemeanors are punishable by up to 6 months in jail and a maximum $1000 fine. Trespassing felonies however call for a maximum 3-year jail sentence and a $2000 fine.

● Obstruction of pedestrian or vehicular traffic: If you are found guilty of blocking car or foot traffic with your protest, you may receive a fine of up to four $400 or maybe sentenced to up to 4 months in county jail.

If you were arrested while protesting and were unfairly convicted on any of these charges, you can always push to appeal the court’s decision. If you chose to do so, it is important that you chose a team of experienced and successful appeal lawyers to represent you. Call Spolin Law P.C. today at (310) 424-5816, or reach out online to schedule a free case evaluation.


Governor Publicly Announces Commutation of Sentence for Spolin Law Client

Posted on Tuesday, July 14th, 2020 at 11:37 am    

California Governor Gavin Newsom has announced the commutation (reduction) of sentence for a Spolin Law client who was previously serving a life sentence without the possibility of parole. The decision was announced on June 26, 2020. A copy of the commutation, signed by Governor Newsom as well as Secretary of State Alex Padilla, was released to state and national media outlets shortly after the commutation.

James Heard Commutation

The Spolin Law client’s commutation was signed by Governor Gavin Newsom and Secretary of State Alex Padilla

A commutation of sentence is a method that state governors can use to cut short a person’s sentence. It is often used when someone has received an overly harsh sentence or has shown rehabilitation during his or her time in prison. A governor’s commutation is similar to the more well-known governor’s pardon. While a pardon erases a criminal conviction completely, a commutation simply cuts short the person’s sentence. State governors can commute or pardon for state crimes; the President can commute or pardon for federal crimes.

Governor Newsom explained his decision to commute the client’s sentence by describing the client’s excellent behavior, educational program participation, various certificates, and other noteworthy aspects of the client’s life.

In his commutation announcement, Governor Newsom said the following:

In 1998, James Heard, shot his romantic rival, Christopher Chessmar. Mr. Heard then directed his crime partner to shoot Mr. Chessmar. His crime partner complied, killing Mr. Chessmar. On March 20, 2000, the Superior Court of California, County of Los Angeles, sentenced Mr. Heard to life without the possibility of parole for murder.

Mr. Heard was 22 years old at the time of the crime and is now 44. He has been incarcerated for more than 21 years. He has expressed sincere remorse for killing Mr. Chessmar.

While serving a sentence with no hope of release, Mr. Heard devoted himself to self-improvement. Mr. Heard has maintained an exemplary disciplinary record while in prison. He has completed self-help programming and earned an associate degree and art certificates.

Prison staff, including work supervisors and correctional staff, have commended Mr. Heard for his generosity and artistic talents, as well as his interpersonal and leadership skills. Mr. Heard has lived in an honor dorm since 2004. He has donated his artwork to various charitable causes. Mr. Heard has also volunteered his time to crochet hats and scarves for charity.

Mr. Heard committed a serious crime that took the life of Mr. Chessmar. Since then, Mr. Heard has dedicated himself to his rehabilitation and becoming a productive citizen. I have carefully considered and weighed the evidence of his positive conduct in prison, the fact that he was a youthful offender, his long­term confinement, and his good prospects for successful community reentry. I have concluded that Mr. Heard merits the opportunity to make his case to the Board of Parole Hearings so it can determine whether he is suitable for parole.

This act of clemency for Mr. Heard does not minimize or forgive his conduct or the harm it caused. It does recognize the work he has done since to transform himself.

The client’s family was extremely happy to hear this good news.

To learn more about commutations and other types of post-conviction relief, call one of the Spolin Law attorneys at (866) 716-2805.


New York legislators take action against police brutality by proposing a new bill to ban the chokehold

Posted on Thursday, July 9th, 2020 at 8:28 am    

Pressured by the public protests demanding justice for George Floyd, New York legislators have just passed a bill that will ban the use of chokeholds by law enforcement. Although only recently adopted, this revolutionary bill originated in 2014 just after 43-year-old Eric Garner was strangled to death by four New York police officers.

In a peaceful arrest that quickly turned violent, Staten Island local, Eric Garner, was killed by NYPD officers on July 17, 2014. Being suspected of selling loose, untaxed cigarettes, Garner was approached by four police officers who proceeded to forcefully push him to the ground and hold him in a chokehold for around 15 seconds. In a disturbing video that recorded the incident, Garner was seen flailing his arms and gasping for air as he urgently repeats the phrase, “I can’t breathe,” a total of 11 times. Just moments later, Garner lost consciousness and died.

The NYPD Officer Daniel Pantaleo, who was responsible for Garner’s death, was fired from his job, but was never criminally prosecuted for his crimes.

In 2015, a year after Garner’s murder, New York Assemblyman Walter Mosley proposed a bill to New York Legislators in hopes of banning the use of the chokehold by New York Police officers. However, with little support behind it, the bill was abandoned and never signed into law.

Nevertheless, overwhelming pressure from the public over George Floyd’s death in Minneapolis pushed New York Legislators to revive the bill. Sponsored once again by Assemblyman Mosley, the bill, later named the Eric Garner Anti-Chokehold Act in honor of Garner, was finally put to a vote in June of 2020, almost 5 years after its original proposal.

On Monday June 8th, the bill was passed by both the New York Assembly and Senate by a vote of 140-three. Just four days later on Friday, June 11th, New York State Governor Andrew M. Cuomo signed the Eric Garner Anti-Chokehold Act into law.

The Eric Garner Anti-Chokehold Act states that the use of a chokehold or any other similar restraint that restricts breathing is considered a class C felony and is punishable by up to 15 years in prison.

Chokeholds have been prohibited in New York since 1993, however according to Assembly Speaker Carl Heastie, “The NYPD ban on chokeholds was not enough to protect Eric Garner, and it is not enough today. This legislation will put an end to the practice across the state.” With these new, stricter laws that now make the use of a chokehold a state crime, Heastie and other assembly members hope to prevent such horrible incidents from ever happening again.

The Eric Garner Anti-Chokehold Act was not the only bill signed into law by Governor Cuomo on Friday. In addition to banning the chokehold, New York legislators passed bills that require police disciplinary records be made public, prohibit race-based 911 calls, and force state police officers to wear body cameras.

These are just a few of the bills included in a new police reform bill package proposed by New York Legislators following the nationwide George Floyd protests. Cuomo has signed only four of the proposed 10 bills. The remaining six bills still await his signature.

At the bills’ public signing, Governor Cuomo made a statement explaining his motivation behind approving them saying, “Police reform is long overdue.” The governor said that these bills aren’t just about George Floyd’s murder, but about the “long list” of African American citizens who too have fallen victim to police brutality. Cuomo thinks that the implementation of these new bills will bring the state of New York one step closer towards ending the “injustices against minorities in America by the criminal justice system.”

This sweeping reform in New York has inspired other states to establish similar policies. In states like California, Chicago, Denver, Florida, Minneapolis and Phoenix, county police departments have announced that they will suspend the use of the chokehold, and the just as dangerous carotid restraint. Across the globe in France, the French government announced that it too is banning law enforcement officials from using chokeholds.

The passing of the Eric Garner Anti-Chokehold Act will bring necessary change that New York politicians and citizens have been waiting for. Assembly member and sponsor of the bill, Walter Mosley expressed his enthusiasm in front of the New York State Assembly saying, “In 2015 I introduced this bill to outlaw chokeholds statewide, and I am proud to see it taken up today as we pass legislation to reform our criminal justice system.”

Although Mosley is glad to have achieved such a feat, he thinks there is much more to be done in order to finally put an end to police brutality. He said, “This is an important step forward, but it will not be the last. We must work to change the way that police officers interact with communities of color, or we will continue to see these killings occur.”


Supreme Court Sends Death Penalty Case Back for Reconsideration Of Ineffective Assistance of Counsel Claim

Posted on Thursday, July 9th, 2020 at 8:00 am    

–But Skips Its Chance to Modify Prejudice Prong of Strickland

In a 5-3 per curiam decision, the United States Supreme Court stopped short of doing what the habeas corpus petitioner asked it to do: modify or overrule the prejudice prong of Strickland v. Washington (1984), 466 U.S. 668, in the review of a claim of ineffective assistance of trial counsel. However, a majority of the Court in Andrus v. Texas (2020), 590 U.S. ___, found that the Texas Court of Criminal Appeals’ one-sentence dismissal of Andrus’s claim “without elaboration” was insufficient to support a determination that no prejudice occurred. It remanded the case for reconsideration of that issue.

Andrus was convicted of the murders of two people during a bungled carjacking. Trial counsel put on no defense during the guilt phase of the trial, opting instead to focus on the penalty phase. However, trial counsel failed to investigate the existence of mitigating evidence. He failed to present readily available evidence that Andrus’s mother was a drug addict, drug dealer, and prostitute who sold and used drugs around her children. She would disappear for days, sometimes weeks, at a time, on her drug binges. Andrus was often left with the responsibility to raise his siblings. His mother brought home abusive boyfriends who were in and out of Andrus’s life. At age 10 or 11, he was diagnosed with affective psychosis.

At age 16, Andrus confined in a Texas juvenile detention center for serving as lookout while his friends robbed a woman of her purse. He was put on high doses of psychotropic drugs and served long stints of solitary confinement. On multiple occasions, he self-harmed and threatened suicide. He was transferred to an adult facility and released at age 18. Not long after, he committed the murders of which he was convicted. In prison, Andrus attempted suicide.

None of the foregoing evidence was presented during the penalty phase of Andrus’s trial. In fact, trial counsel was unaware of the evidence because he did not investigate Andrus’s past and failed to interview witnesses who could have testified to those facts. The only witnesses that trial counsel did present actually bolstered the prosecution’s case that Andrus had a propensity for violence and was a threat to those around him. Andrus was sentenced to death.

After an unsuccessful direct appeal, Andrus filed a petition for habeas corpus in the trial court, claiming ineffective assistance of trial counsel in violation of his Sixth Amendment right. After an eight-day hearing, at which the above evidence of Andrus’s past was introduced, the trial court concluded that trial counsel had been ineffective and that such ineffective representation prejudiced Andrus.

The Texas Court of Criminal Appeals reversed. The court concluded that Andrus had failed to show, as he was required to do under Strickland, that counsel’s representation “fell below an objective standard of reasonableness” or that there was a “reasonable probability that the result [of the penalty phase of the trial] would have been different” had counsel’s performance not been deficient. Andrus petitioned the Supreme Court for a writ of certiorari.

In the Supreme Court, Andrus argued that the abbreviated analysis of Strickland by Texas courts in general and by the court in his case in particular resulted in the pro forma rejection of meritorious ineffective-assistance-of-counsel cases. He claimed that in cases such as his, where counsel’s trial performance was patently deficient, the “truncated, analytically unsound” application of the second prong of Strickland produces unjust results. The prejudice prong is so onerous, he claimed, that few courts find it satisfied, and he questioned how a criminal defendant could fail to obtain habeas relief when the adversarial system had so utterly failed.

Claiming that an abbreviated Strickland analysis that looks only at the evidence adduced at trial to determine prejudice is unjust and unconstitutional, Andrus argued that a court must compare the evidence from the trial with the evidence from the habeas corpus hearing to determine whether the defendant was prejudiced. The question is whether the new evidence adduced at the habeas corpus hearing would have affected the outcome of the trial, not whether the evidence at trial was sufficient to support the penalty imposed. Further, Andrus claimed that a reviewing court in a habeas corpus ineffective-assistance claim must assess how the deficit performance affected the fundamental fairness of the proceeding.

The Supreme Court did not bite on the opportunity to modify or overrule Strickland. Without addressing Andrus’s arguments on that score, the Court applied the Strickland test to his claim. It did, however, reject the Texas Court of Criminal Appeals’ decision dismissing the habeas corpus petition. Disagreeing with the Texas court, the Supreme Court held that the record clearly showed that counsel’s conduct fell below reasonably objective standards for representation.

Next, the Court stated that the Texas court “may have failed properly to engage with” the question of prejudice from that ineffective representation. The lower court “concluded without elaboration” that Andrus failed to meet the Strickland standard, but it should have considered “the totality of the mitigation evidence”—both that adduced at trial and that presented in the habeas hearing in the trial court. That evidence, the Supreme Court held, must be reweighed against the evidence in aggravation to determine whether a reasonable probability exists that Andrus would have received a different sentence. The Texas Court of Criminal Appeals’ opinion was “unclear” as to whether it engaged in this analysis, and the Supreme Court remanded the case for further consideration of the prejudice issue.

While the Supreme Court did not modify or overrule the prejudice prong of Strickland, it did provide guidance on the evidence that must be considered in determining whether prejudice exists. Its rejection of the Texas court’s one-sentence dismissal of Andrus’s claim may signal that more is required of a court reviewing an ineffective-assistance-of-counsel claim. The decision must show that the court “reweighed” all of the newly provided mitigating evidence against the aggravating evidence in determining prejudice. In addition to breathing life back into Andrus’s habeas corpus claim, the Supreme Court’s holding may shift the prejudice analysis away from a curt dismissal and toward a meaningful weighing of the evidence.


The American Association of Attorney Advocates Ranks Spolin Law P.C. in the Top 0.4% of Law Firms Nation-Wide for the Criminal Law Practice Area

Posted on Wednesday, June 24th, 2020 at 12:19 pm    

The American Association of Attorney Advocates (AAAA) has selected Spolin Law P.C. as one of the top law firms in the nation for the criminal law practice area. The following is an excerpt from their correspondence notifying the firm of its selection:

AAAA Award Seal

AAAA Seal

…Our 2020 list [is comprised] of industry leading attorneys from each state or region who have met the highest qualifications in their practice. Each Attorney has distinguished himself or herself with extraordinary dedication to excellence, advocacy skills, reputation, leadership, and has distinguished themselves from their peers.

Our platform provides potential new clients with a free venue to find the most highly qualified Attorney or Firm. AAAA does the research for potential new clients leading them directly to the most highly qualified advocates. Our team has searched comprehensively for Client Reviews on all the major review venue websites as well as vetted Attorneys against any State Bar Complaints, all researched and measured by objectively applied uniform standards in compliance with State Bar and National Rule 4-7.

Candidates for membership are initially identified through third-party research or peer nominations. Attorneys are considered by their case results and/or verdicts, client reviews in the major online venues and forums, peer reputation, media presence, years in practice, years specializing, bar association specialized training, education level, and publications. Each Attorney on our 2020 list possesses the expertise, skill, experience, knowledge, and deserved success achieved by only the finest Attorneys in the United States. They are accomplished industry leaders improving their chosen profession with distinction. Only .04% of the nation’s Attorneys are considered for Membership and inclusion.

The attorneys and staff at Spolin Law were happy to be informed of the firm’s selection. (Please note that prior successful outcomes do not guarantee a similar outcome on a future case, and testimonials or third-party ratings do not guarantee any particular outcome on a future case).

To speak with an attorney at Spolin Law P.C., call us at (866) 716-2805.


CA Senate Bill 1437: You May Qualify for Resentencing?

Posted on Wednesday, June 24th, 2020 at 8:55 am    

In September 2018, the Governor of California signed legislation that reformed the state’s approach to accomplice liability in felony murder cases. Significantly, CA Senate Bill (SB) 1437 will have a retroactive effect.

Under SB 1437, people convicted under the old felony murder law can apply to have their sentences reduced. If you or a loved one has been convicted of murder for their role in a felony that resulted in someone’s death, it is likely that these reforms apply to you.

If you have questions about how CA SB 1437 might apply to your or a loved one’s case, call Spolin Law P.C. right away. To schedule a free consultation, contact us today at (310) 424-5816.

California Changed the Old Felony Murder Law

Before CA SB 1437 went into effect, you could be convicted of felony murder if you committed, aided, or abetted to commit a felony, and any person died as a result. It would not matter if you did not actually kill the victim, or even if the death was accidental.

According to the new law, to convict you of felony murder, a prosecutor must demonstrate that you committed a felony, or aided or abetted a felony. Additionally, they will need to prove one of the following:

  • You killed a person
  • You aided or abetted the killing, which means proving your intent to kill
  • You were a major participant in the felony, and you acted with reckless indifference
  • Your actions caused the death of a peace officer who was exercising their duties

What’s Different Under the New Felony Murder Law?

The essential difference between the old law and the new law is that now, prosecutors have to prove your intent or state of mind – unless you actually killed someone, or the person who died was a peace officer. Previously, you could get convicted of felony murder as long as someone got killed in a felony that you were involved in. It didn’t matter what your state of mind was. Now, prosecutors may have to prove one of two kinds of state of mind:

Intent

The prosecutor may show that you intended for the victim to die in various ways. For example, a witness could testify that you told an accomplice “to get rid of him.” There may also be evidence that you provided the murder weapon to the killer shortly before the act.

Reckless Indifference

When proving recklessness, the prosecutor doesn’t need to show that you intended to kill. Instead, they need to show that you did not care if a death occurred. In this case, evidence that you were present and did nothing to stop a killing despite having some power to intervene may be enough to show reckless indifference.

Proving your “state of mind” adds an extra level of protection, which conforms to the general rule that someone can only get convicted for crimes that they intended to commit. The only time state of mind doesn’t matter is when an officer is killed, or you actually kill the victim. These aggravating circumstances make is so your state of mind doesn’t matter.

Convicted Under the Old Law? You May Qualify for Resentencing

CA SB 1437 makes you eligible for resentencing if all of the following applies:

  • You were prosecuted under the natural probable consequences theory. This means that you were charged with felony murder and did not directly kill the victim. Rather, the prosecutor argued that the victim’s death was the natural and probable result of the felony you committed.
  • You were convicted of first or second-degree murder. The conviction could have been entered after a guilty verdict from a jury, or a plea deal. In other words, it doesn’t matter if you were convicted after a trial or not.

Have Questions About CA SB 1437? Contact a Los Angeles Appeals Lawyer Now

If you think there is any chance that the above factors apply to your case or that of a loved one, you should speak to an experienced Southern California criminal appeals lawyer as soon as possible. You may be in a position to petition the court for a resentencing hearing.

This could result in receiving a lighter sentence or even your freedom. To find out more about sentencing options for felony murder, call Spolin Law P.C. today at (310) 424-5816, or reach out online to schedule a free case evaluation.


What Is a Petition for Rehearing?

Posted on Wednesday, April 29th, 2020 at 2:12 pm    

After a case is appealed and the decision does not go in your favor, you may feel like you are out of options. However, there is a possible route that your attorney may explore: a petition for rehearing. This petition has strict time limits and requirements, so it is important to discuss it with your attorney as soon as your appeal decision comes through.

To learn more about all your criminal appeals options, contact Spolin Law at (310) 424-5816 now for a free consultation.

Understanding a Petition for Rehearing

After you file an appeal and your case goes to the appellate court, they pass down their decision. The petition for rehearing is a way to contest the appellate court’s decision.

This isn’t the time to try out a new defense angle or fight to have evidence analyzed in a different way. It is primarily used to resolve errors made by the appellate court during the appeal trial. It takes a careful and exhaustive legal review of the court’s decision to find useful flaws.

When is a Petition for Rehearing Appropriate?

When you discuss the outcome of your appeal with your appeals attorney, they will help you understand your options. If they recommend a petition for rehearing, it means that your case falls into one of a few categories.

Situations in which a petition for rehearing may be appropriate include:

  • If the court’s decision focused on an issue that was not included in your attorney’s briefs
  • If the court’s opinion ignores or omits an important fact or issue raised during the case
  • When a fact is misstated or misrepresented and influences the appellate court’s decision
  • A legal error is made
  • If there are concerns over due process

The Deadline for a Petition for Rehearing

A petition for rehearing in California must be filed within 15 days of the appellate court’s decision. This is a very tight deadline, which is why your attorney will explore and explain your options as soon as the original decision is handed down.

What Happens Next

Several things could happen after your attorney files a petition for rehearing. The court might deny the petition immediately with a written order. This is fairly common, as it is relatively uncommon for the court to realize they’ve made a mistake and reverse it.

If they deny your petition, they may still modify the original opinion to reflect the information presented.

The court may also agree that an error was made in their decision. They may issue a new decision reflecting the new information. They may also request additional briefs or oral arguments from your attorney for additional clarification. After receiving this information, they will pass down their new decision.

If the court does not respond to the petition before the original decision becomes final, the petition is considered to have been automatically denied.

Other Options After an Appeal

Your attorney may also recommend filing a review. This strategy is often used if your case poses a new legal question or issue. It is also helpful if there are constitutional violations in the original decision or handling of the case.

Once your options have been exhausted in the appellate process, you may be able to pursue a Supreme Court review.

Find Out How We Can Help With Your Appeal

Appealing a court decision can be complicated and time-consuming, which is why it is crucial to work with an attorney who focuses on criminal appeals in their practice.

At Spolin Law P.C., we fight appeals in state and federal courts. Get started now by calling us at (310) 424-5816 or reach out online. We will schedule a free consultation and explore your legal options.