The Ninth Circuit Court of Appeals Rules That California Must Reduce The Population of Inmates in State Prison

On August 4, 2009, a three-panel Federal Court ordered that California reduce its inmate population. The Court cited California’s failure to protect the constitutional rights of the inmates in custody in California state prison as a reason for granting this order. The Court ordered that within 45 days of the order (August 4, 2009), the state of California shall provide the Court with a population reduction plan that “will in no more than two years reduce the population of the California Department of Corrections adult institutions to 137.5% of their combined design capacity

California attorney general Jerry Brown vowed to appeal the ruling and until the appeals process works out, the reduction plan and subsequent actual reduction in the population is not likely to go forward. But the Court has spoken and there will likely be changes in the near future.

What does this mean for your case? The Judges in their order encouraged the state to reform its outdated sentencing policies and to use other means to reduce the prison population. In other words, a competent and aggressive attorney can use this case and information to argue that your, your friend, or your family member not be sentenced to state prison based on this information. Rather, the attorney could argue that the defendant should be sentenced to county jail, probation, weekend jail, or even home confinement instead of state prison.

It’s important to hire a competent attorney to defend you or your loved one in their California criminal case. The Law Offices of Michael S. Carrillo can go to court and fight for your rights in your case and try to keep you out of jail. Call us now for a free consultation at (626) 799-9379.