Pursuit of Justice

Pursuit of Justice Pursuit of Justice is a low-cost law firm fighting for the incarcerated. We focus on post-conviction

People who have been convicted of a crime and are currently serving their sentence in California may apply for a commuta...
01/12/2023

People who have been convicted of a crime and are currently serving their sentence in California may apply for a commutation (reduction of sentence).

In deciding whether to grant a commutation, the Governor’s Office will carefully review each commutation application and consider:

*the impact of a commutation on the community, including whether the grant is consistent with public safety and in the interests of justice;
*the age and circumstances of the offense and the sentence imposed, and the age of the applicant at the time;
*the applicant’s self-development and conduct since the offense, including whether the applicant has made use of available rehabilitative programs and has identified and addressed treatment needs;
*the applicant’s need for a commutation; and
*the applicant’s plans upon release from custody.

Now is a great time to submit a commutation application to the Governor if you were sentenced somewhere in California! Please send us a DM or email us ([email protected]) for more information on how we can help you or your loved one submit a commutation application to the Governor!

A Franklin hearing is an evidentiary proceeding in which a “youth offender” (a person who was convicted of committing a ...
01/12/2023

A Franklin hearing is an evidentiary proceeding in which a “youth offender” (a person who was convicted of committing a crime while under the age of 26) who was given a long sentence may introduce evidence related to their youth in mitigation of the sentence. It is an evidence-preservation hearing.

Franklin hearings are complex and require extensive preparation in advance. This is best done by an experienced attorney. We at Pursuit of Justice have handled many Franklin hearings for clients. We diligently work to gather persuasive evidence, tell our clients’ stories thoroughly, and achieve success at the hearing — which often means our client is released with time served.

Now is a great time to file a Franklin motion if you were a youth offender (under the age of 26) sentenced somewhere in California! Please send us a DM or email us ([email protected]) for more information on how we can help you or your loved one get a Franklin hearing!

People incarcerated in California state prisons, as well as those held in state and local juvenile detention facilities,...
01/04/2023

People incarcerated in California state prisons, as well as those held in state and local juvenile detention facilities, will be able to make and receive phone calls free of charge beginning January 1, 2023, after SB 1008 (Becker) was signed into law last September by Governor Gavin Newsom.

SB 1008, the “Keep Families Connected Act,” eliminates the onerous per-minute charges and connection fees that make it tremendously expensive for incarcerated men and women to stay in touch with their loved ones.

Limited communication takes a devastating emotional toll on people outside and inside prison, where a strong support system is an important factor in successful re-entry to society.

Nationwide, providing prison telecommunication services is a $1.4 billion industry and Worth Rises, a co-sponsor of SB 1008, estimates the industry’s exploitive fees cost California families $68.2 million every year. In many cases, the person incarcerated was the head of the household and the key earner. As a result, 1 in 3 families fall into debt trying to remain connected with a loved one in prison, and 87% of this burden falls on women, particularly women of color.

We were proud to support this law and are grateful that it is now in effect! Please send us a DM or email us ([email protected]) for more information on how we can help you or your loved one with resentencing!

On September 30, 2022, Governor Newsom signed AB 2799, which provides that courts “must consider specified factors…in de...
01/04/2023

On September 30, 2022, Governor Newsom signed AB 2799, which provides that courts “must consider specified factors…in determining whether creative expression evidence is more prejudicial than probative.”

Newsom signed it into law at a virtual ceremony attended by Meek Mill, Killer Mike, Too $hort, Ty Dolla $ign, YG, E-40 and Tyga, as well as CEO of the Recording Academy Harvey Mason Jr and the bill’s sponsor Assemblyman Reggie Jones-Sawyer, D-Los Angeles.

Dubbed the Decriminalizing Artistic Expression Act, the law seeks to — among other things — address the use of rap lyrics as evidence in trials. Specifically, it states that the court must weigh the “value of the evidence against the substantial danger of undue prejudice.”

According to the BBC, hip-hop lyrics have been leveraged as evidence in 500-plus criminal cases in the U.S. over the past 20 years .

One recent, very high-profile example is a RICO case brought in Atlanta against Young Thug, Gunna, and other YSL Records affiliates.

The rappers’ lyrics are cited over and over in the charging document “in furtherance of the conspiracy.”

West Coast rappers X-Raided and Lavish D were convicted in criminal trials in which prosecutors used their music to depict them as gang leaders. The former spent 26 years prison. The latter was sentenced to six years in prison on gun charges.

“This bill is an acknowledgment of systemic racism being involved,” X-Raided told the Sacramento Bee recently. “It was a huge thing for me. Because he specifies the intent behind this is not just to protect artists’ rights but also to protect minorities and people from disadvantaged backgrounds from being persecuted and literally prosecuted as well.”

This law is now in effect! Please send us a DM or email us ([email protected]) for more information on how we can help you or your loved one with resentencing!

On November 6, 2012, California voters approved the Three Strikes Reform Act of 2012, also known as Proposition 36. Prop...
12/31/2022

On November 6, 2012, California voters approved the Three Strikes Reform Act of 2012, also known as Proposition 36. Proposition 36 amended the Three Strikes Law by making it less harsh, and by adding a resentencing procedure for some prisoners who were sentenced under the former Three Strikes Law.

Proposition 36 created a “post-conviction release proceeding” for any prisoner who is serving a life sentence under the Three Strikes Law for a crime that is not a serious violent felony, and who is not disqualified for other reasons.

A qualified prisoner may petition to be resentenced as a “second strike” offender – and avoid a life sentence – unless the court determines that resentencing would create an unreasonable risk of danger to public safety.

There are two steps in the process:
1. Eligibility determination: whether the changes in the law apply to the prisoner, and
2. Public safety determination: whether the court will decide that resentencing is appropriate in his case; in other words, whether the court believes releasing the prisoner creates an unreasonable risk to public safety.

Governor Newsom signed many bills into law this year that make it much easier to have your sentencing enhancements remov...
12/29/2022

Governor Newsom signed many bills into law this year that make it much easier to have your sentencing enhancements removed, so you can be released with time served! By law, courts must now consider a number of factors in deciding whether to strike sentencing enhancements. These factors include: childhood trauma, racial disparity, youth offender status, and many others.

Now is a great time to file an 1170 resentencing petition if you were sentenced somewhere in California.Please send us a DM or email us ([email protected]) for more information on how we can help you or your loved one get their sentencing enhancement dropped by submitting an 1170 resentencing petition!

Follow  and text her at 949-503-9873 if you or someone you know has had a similar experience with Dr. A***n Mowlavi (AKA...
10/12/2021

Follow and text her at 949-503-9873 if you or someone you know has had a similar experience with Dr. A***n Mowlavi (AKA “Dr. Laguna)! ⚖️

SACRAMENTO — Gov. Gavin Newsom on Friday signed laws aimed at reducing prison sentences for people convicted of drug- an...
10/09/2021

SACRAMENTO — Gov. Gavin Newsom on Friday signed laws aimed at reducing prison sentences for people convicted of drug- and gang-related crimes, despite concerns from prosecutors that the measures will hinder their effort to protect Californians.
Legislation signed by the governor includes Senate Bill 81, which seeks to reduce the number of sentence enhancements in criminal cases that can double prison terms.
More than 150 enhancements exist for aggravating factors that include prior criminal records, use of a gun in the commission of a crime and offenses involving minors.
The law by state Sen. Nancy Skinner (D-Berkeley) would have judges dismiss enhancements in certain cases, including when they would result in “discriminatory racial impact” or a sentence of more than 20 years, or when the offense is connected to mental illness, prior victimization or childhood trauma. Skinner said enhancements disproportionately affect people of color.
A companion measure signed by Newsom, SB 483, allows the retroactive repeal of sentence enhancements for prior prison or county jail felony terms. The governor also signed Assembly Bill 333, which restricts the use of sentence enhancements for alleged gang crimes.
Newsom signed a measure Tuesday that ends mandatory prison and jail sentences for nonviolent drug offenses. SB 73 was written by Sen. Scott Wiener (D-San Francisco).
Now is a great time to submit a resentencing petition. Please send us a DM or email us ([email protected]) for more information on how we can help you or your loved one by submitting a resentencing petition!
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The Contra Costa County District Attorney's Office is one of nine counties around the state participating in a resentenc...
07/21/2021

The Contra Costa County District Attorney's Office is one of nine counties around the state participating in a resentencing pilot program funded by a budget bill Gov. Gavin Newsom recently signed into law, prosecutors said Tuesday.

In the pilot program, which starts Sept. 1, Contra Costa and the other participating counties will develop protocols to process resentencing applications from people in state prison.

The program follows Assembly Bill 2942, signed into law in 2018, allowing a district attorney to review old sentences and ask a court to issue a new, lighter sentence.

The Contra Costa County District Attorney's Office will receive $1.05 million as part of the program, while the county Public Defender's Office will receive $750,000 and a local nonprofit that will advise prosecutors on potential candidates for resentencing will receive $250,000.

The funding is meant to allow prosecutors to better process requests for resentencing applications and they will also create a written policy on how to recommend who can get resentenced, train staff on the relevant state laws, and track data for the resentencing requests, according to the District Attorney's Office.

Now is a great time to submit a resentencing petition. Please send us a DM or email us ([email protected]) for more information on how we can help you or your loved one by submitting a resentencing petition!

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