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Andrew Michael Limberg

Andrew Limberg’s Legal Guides

9 total

  • California's 2011 Sentencing Realignment

    After years of tough on crime legislation filling California prisons beyond capacity, a perfect storm of factors forced California legislators to embark on the greatest modification of sentencing practices since indeterminate sentencing was abolished several decades ago. Dwindlin...

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  • Three Strikes Law

    "Three Strikes" has been the law in California for over a decade. The Three Strikes law is designed "to ensure longer prison sentences and greater punishment for those who commit a felony and have previously been convicted of serious and/or violent felony offenses." The 1994 cam...

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  • Probation Revocation

    Some defendants convicted of a felony, whether through a plea or jury verdict, avoid prison by receiving a grant of probation from their sentencing judge. Probation is a conditional release of the convicted defendant under certain terms and conditions. For example, someone place...

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  • Miranda Rights

    Most people now-a-days have seen a television police drama in which a suspect is read his Miranda rights. Unfortunately, this familiarity has lured some people into a false sense of security when speaking with police officers. The applicability of Miranda is limited to very prec...

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  • Right to an Attorney

    The Sixth Amendment guarantees "in all criminal prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel for his defense." This right exists to ensure defendants receive essential legal advice and guidance when facing the possible loss of their lib...

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  • Right to Remain Silent

    The Fifth Amendment guarantees "no person shall be compelled in any criminal case to be a witness against himself." This right is designed to require prosecutors to shoulder the burden of proving their case without requiring a defendant to explain himself. This right is also mea...

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  • Bail

    Bail When a person is arrested for a crime they may be held in jail until a verdict is returned in their case. Oftentimes, this can take months. However, a person may be released pending a possible conviction if they pay bail. The Eight Amendment guarantees "excessive bail shal...

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  • Pardon

    The Governor of California has discretion to grant pardons to those convicted in California Courts. A pardon restores "all rights, privileges, and franchises" to those convicted of a felony or misdemeanor, with some notable exceptions. For example, a pardon will not reinstate th...

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  • Expungement

    For those people trying to recover from a criminal conviction, an expungement is often an essential step towards rebuilding their lives. An expungement results in the dismissal of the earlier criminal case. It allows a person to answer on job applications that he does not have a...

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