Resources

Sentencing (Other Than LFO)

Enhancements – How Applied – 2020 Update (8.2020)

This updated Practice Advisory explains the nuts and bolts of felony sentencing enhancements under the SRA.

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Firearm and Deadly Weapon Enhancement- Proof Required (07.2020)

This practice advisory explains the proof the State must have to convict an individual of either a firearm or deadly weapon enhancement.

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Category of Crimes-Felony-2020 Update (7.2020)

This advisory lists crimes by category including: non-violent, violent, serious violent, sex offense, most serious offense/three strikes/two strikes, indeterminate sex offense, serious traffic offense, crimes against persons, and ...

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Vacate Misdemeanor w/2019 Legislative Update (5.2020)

This advisory discusses the rules for vacating a misdemeanor offense with the legislative updates from 2019, including the changes from The New Hope Act which expanded misdemeanor vacating.

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Prosecutor Discretion to Seek Resentencing (5.2020)

This Practice Advisory discusses SB 6164, the 2020 legislation creating a new procedure for prosecutors to seek resentencing in felony cases.

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Misdemeanors That Impact Felonies and Felony Sentencing (1.2020)

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Washout- Offense Prior to June 13, 2002 (2012)

This advisory discusses the rule of "washout" under the SRA for current offenses that occurred prior to June 13, 2002.

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Washout – Felony/SRA (2012)

This WDA Practice Advisory discusses "washout" under the SRA, the rule that provides that some prior convictions do not count in the offender score if an individual has spent the required amount of time in the community. This advi...

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Preparing Your Client with Accommodations Needs for DOC (8.2019)

This advisory discusses basic information about the transition to DOC to serve a prison sentence and offers tips for attorneys representing clients with medical, mental health or intellectual disability in need of accommodation.

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Exceptional SRA Mitigating Sentences-Parenting or Family Circumstances

This practice advisory outlines legal arguments in support of requesting an exceptional mitigating SRA sentence by a person who is parenting or providing care to a minor child in light of the Law decision.    The below listed re...

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