Los Angeles Franklin Hearing Lawyer

What is a Franklin Hearing in California?

"As I walked out the door toward the gate that would lead to my freedom, I knew if I didn't leave my bitterness and hatred behind, I'd still be in prison." - Nelson Mandela

A Franklin hearing is a supplemental sentencing hearing wherein a convicted defendant can present evidence that the defendant's young age at the time of the offense was a substantial contributing factor in committing the offense.  By presenting this evidence at a Franklin hearing, an inmate will greatly improve his or her chances of being released on parole at a Youth Offender Parole Hearing.  The legislature was recognizing a need to change the laws that were resulting in so many young people sentenced to life or excessive determinate sentencing.  It is no secret that young people are more likely to make mistakes, but prior law did not take into account that a person was still maturing at the time of their crimes.  In California, particularly Los Angeles, so many young people face life imprisonment for cases like attempted murder, murder, kidnapping for robbery, and more.  While being young is not a defense to crimes, our law makers made it very clear that going forward, youth and immaturity at the time of an offense should provide for lesser punishment.

THE FRANKLIN CASE
Tyris Lamar Franklin was 16 years old when he was convicted of first degree murder in the shooting death of another teenager.  Franklin was sentenced to two consecutive 25-life sentences, for a total of 50 years to life in prison.  In Miller v. Alabama, the United States Supreme Court would hold that life without parole (LWOP) sentences for juvenile offenders violated the Eighth Amendment right to be free from cruel and unusual punishment.  This changed juvenile sentencing and California enacted new laws dealing with youth offenders. 

Franklin would not have been eligible for parole until the age of 66 had the legislature not passed SB 260.  This was based on the mandatory sentence the judge imposed.  There was no opportunity for the judge at sentencing to consider his youth.  SB 260 made him eligible for youth offender parole 25 years sooner.  The timing of Franklin's appeal meant that the sentence he was challenging was already impacted by a change in the law, and the change would apply to him and make him eligible for parole after 25 years.  The court also recognized that in order for the administrative parole process to be able to consider evidence of the youth of an offender at the time of offense, he would be eligible for a hearing to supplement the court record.

YOUTH OFFENDER PAROLE HEARINGS (More About SB 260)
In 2013, Governor Jerry Brown passed a law, Senate Bill 260 ("SB 260") that provided hope to many young offenders sentenced to very long prison terms, if not life.  Originally applying only to offenders under 18 at the time of their crimes, SB 261 passed two years later, extending the application of Youth Offender parole to offenders up to 23 years of age.  The law was again amended to apply to offenders under 26 years of age at the time of their offense.

WHEN IS AN INMATE ELIGIBLE FOR YOUTH OFFENDER PAROLE?
Inmates who are serving a long determinate sentence (not a life sentence) are eligible for youth offender parole after 15 years in prison.  Those serving life sentences where no offense is 25 to life or greater become eligible after 20 years in prison.  Those sentenced to 25 to life or life without parole (LWOP) are eligible for youth offender parole after 25 years.

WHO IS ELIGIBLE FOR A YOUTH OFFENDER PAROLE HEARING?
A person 25 or younger (at the time of their offense) sentenced to life or a very long determinate sentence is eligible for youth offender parole.  Initially, this law applied only to minors charged as adults, but has since grown to include offenders up to 25 years of age. 

WHAT EVIDENCE IS PRESENTED AT A FRANKLIN HEARING?
Expert psychiatric testimony is the most important element of Franklin hearing evidence, though other witnesses (friends, family, teachers) can be called who have relevant testimony to a person's youth and immaturity at the time of their offense.  It is also relevant to consider how a youth offender's upbringing may have further impacted their maturity and mental and emotional state.  Aside from testimony, other evidence can include juvenile record, prison disciplinary records, psychology and mental health reports, risk assessments, and more.

A person currently serving a life sentence, or long determinate sentence who was under the age of 26 (must have been 25 or younger at the time the offense is committed), should ensure that their case file has adequate sentencing information pertaining to their youth at the time of the offense.  Because this law is new, when most of the people currently serving long prison sentences in California were sentenced, there was no reason to present this information at sentencing, as it did not result in a reduced sentence.  Because the parole board is now obligated to lend great weight to such evidence, it is vital to have a Franklin hearing and present this evidence in court, even if the case happened years ago.  Youth offender parole hearings provided many California inmates hope, but the likelihood of getting released early on youth offender parole depends upon how much evidence the parole board has about an offender's youth at the time of the offense.

CALL THE LAW OFFICES OF NICHOLAS LONCAR TODAY FOR A FREE CONSULTATION WITH A LOS ANGELES CRIMINAL DEFENSE ATTORNEY     213-375-3775

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USEFUL LINKS:
Los Angeles Superior Court
CA Dept. of Corrections and Rehabilitation
CDCR Board of Parole Hearings
CDCR Youth Offender Parole Information

RELATED ARTICLES:
SB 260: Youth Offender Parole Hearings
Los Angeles Juvenile Criminal Defense
Los Angeles Attempted Murder Lawyer
SB 1437:  Changes to California's Felony Murder Rule