By Kalani E. Gaines
SACRAMENTO – Apparently, all lawyers, even judges, are not up on the current laws.
For Roman Waffer, it’s a good thing his Assistant Public Defender Sameera Ali is up-to-date, and because of that, saved Waffer years on probation.
Waffer’s case had a rough start as technical difficulties occurred in Judge Timothy Frawley’s department at Sacramento County Superior Court—but it all got better thanks to recently OK’d Assembly Bill 1950, which the legislature approved on Sept. 30 this year.
It states: “Existing law authorizes courts that have jurisdiction in misdemeanor cases to suspend the sentence and make and enforce terms of probation in those cases, for a period not to exceed 3 years, except when the period of the maximum sentence imposed by law exceeds 3 years, in which case the terms of probation may be imposed for a longer period than 3 years, but not to exceed the time for which the person may be imprisoned. This bill would instead restrict the period of probation for a misdemeanor to no longer than one year, except as specified.”
Waffer was charged with false imprisonment (PC § 236). The details of his case were not discussed in the hearing; however, he indicated that he was ready to resolve.
Ali asked Judge Frawley to reduce Waffer’s probation from three years to one year, due to the passage of AB 1950. It seemed that the court was still not adjusted to the new law.
“My offer is for three years,” Deputy District Attorney Rona Filippini insisted, to which Ali noted, “Despite the law change?”
“I don’t believe it takes effect yet,” stated Filippini, and the judge added, “Apparently the law change doesn’t affect domestic violence cases according to the clerk who’s experienced in these cases.”
Judge Frawley then realized that Waffer’s charge is not considered domestic violence. He indicated that AB 1950 would apply to Waffer’s case and agreed to reduce his probation time to one year in addition to a criminal protective order (CPO).
In contrast to Waffer’s case, Elijah Hill, who was in custody and also represented by Ali, was not able to have his probation reduced as requested by his attorney.
Hill was charged with domestic violence, to which AB 1950 does not apply, as noted by Judge Frawley.
Section 1203.1 of AB 1950 states: “A non-serious offense shall not include the following: (A) Offenses in violation of the Dangerous Weapons Control Law, as defined in Section 23500. (B) Offenses involving the use of a dangerous or deadly weapon, including all violations of Section 417. (C) Offenses involving the use or attempted use of violence against the person of another or involving injury to a victim. (D) Offenses involving annoying or molesting children.”
Hill was placed on three years of probation after he serves 30 days in jail. A CPO was issued as well.
Kalani Gaines is from Stockton, CA, and she is currently majoring in Sociology at CSU Sacramento as a third-year student.
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