The Law Office of Diane T. Letarte is a community based law firm located in San Diego, California. The law office serves the 30+ State Prisons in the entire State of California for Lifer Parole Hearings (Lifer Representation.) CALL US 619-233-3688 or 888-200-8385 (7×24)
BPH Executive Order on Video/Audio Parole Hearings Start in April 2020
Prop 57: Increase parole chances fornonviolentcrime inmates, 3X’ers too
SB1437 (2019): Re-sentence non-shooter Petition (click BLOG info)
SB261 effective (2016) & SB519 extends BPH deadline by 6-months
SB261: Expanded Youth Hearing: Committed crime before 23 yrs old.
AB1308 (2018) Expanded Youth Hrg: Committed crime before 26 yrs old.
SB394: LWOP, crime before 18 & served 25 yrs, Eligible for Youth Hearing
SB260/SB261 Questionnaire.& SB260Guide Sentencing-Youth Coalition
SB260 (2014) Youth Offender Parole Hearings
AB3234 (eff. 1/1/2021): Elderly Parole 50 yo /20 yrs down, 3X’er Excluded.
Elderly Parole Suitability Hearing(BPH memo)as of October 1, 2014
Three-Judge Panel (2014) allows 60 years old, down 25 years, 3X’er Included.
Medical Parole Hearing (BPH memo), as of July 1, 2014 applies the Expanded Medical Parole Process.
We provide reasonably priced Legal fee (no hidden cost) legal representation to the public in such areas as, Criminal Law and an emphasis on Post-Conviction Criminal Defense, Lifer Appeals (Writs) and Lifer Parole Suitability Hearings (completed over 1000 hearings). The firm also qualifies to appear as a Superior Court Judge Pro-Tem in San Diego’s small claims.
The law office has access to the latest in database searches to optimize your dollars when it comes to legal research and Cloud Service for file & printer Access. As a Software Engineer and Attorney, I leverage technology in order to DECREASE my overhead, which allows to pass SAVINGS on to YOU! We use e-mails, Twitter, Blogs, but mostly phones to provide efficient contact, this in turn saves time, travel and money. I can be notified expeditiously by e-mail via my Laptop, Smartphone, or Ipad. Our goal is to provide quality legal services to the public without having to mortgage their home to be able to get the legal services. Many time we operate on a FLAT rate to minimize fees.
Ms. Letarte is an easy-going and approachable attorney – she can be found dressed up for Court and Prison or as the Renegade Attorney cruising on her Black Honda Shadow VLX 600, on Wildcat Canyon Road in San Diego county. A great motorcycle road in California.
Ms. Letarte is an easy-going and approachable attorney – she can be found dressed up for Court and Prison or as the Renegade Attorney cruising on her Black Honda Shadow VLX 600, on Wildcat Canyon Road in San Diego county. A great motorcycle road in California.
LEGAL LINKS
Our Practice Areas
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2011 M.S. Forensic Psych., Walden University, MN
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2003 LL.M. Criminal, University of San Diego Law, CA
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1996 J.D. Thomas Jefferson, School of Law, SD, CA
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(Cambridge University, Cambridge England)
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1991 M.B.A. University of Redlands, Redlands, CA
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1979 B.S. Computer Science, Florida Atlantic Univ. FL
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1976 A.A. Associate of Arts, Palm Bch Jr. College, FL
- Criminal Post-Conviction as it relates to Parole Hearings
- Former Judge Pro-Tem volunteer at Kearny Mesa Superior Court
- Over 1500 Parole Revocation and Lifer Hearings see legal services
- Vista Public Defender for LLM Criminal Internship – trials
- Former Mediator for NC LIFELINE’s Dispute Resolution
- Former Arbitrator CHFA – 1996 California Housing Finance Agency
- San Diego Superior Court – Former Certified Mediator
- Solo Practitioner since 1997
- NO LONGER practice in these areas: Personal Injury, Bankruptcy and Employment Law
In re BOLTON on HC (9/30/2019) in COA 3rd Dist.
UNADDRESSED ISSUE:
What happens when a prisoner serving a sentence for crimes committed as a juvenile exceed his natural lifespan is later convicted of an offense which disqualifies him from the youth offender parole provisions of Penal Code section 3051?
At the time of the crimes, petitioner D’Arsey Bolton was 16. He accosted two young girls, aged 10 and 12, while they were at school, forcing each at knife point into a bathroom, where he threatened them and raped them. Petitioner was convicted in Contra Costa County of five counts of rape, two counts of unlawful penetration with a foreign object, two counts of forcible lewd and lascivious conduct on a child, two counts of false imprisonment, one count of attempted rape, and one count of assault with a deadly weapon, along with multiple enhancements for being armed with and using a knife and pellet pistol.
He was sentenced to 92 years in state prison, which was modified to 91 years on appeal. Over a decade later (when petitioner was 30), a correctional officer discovered a metal object wrapped in cloth in petitioner’s cell. Petitioner claimed he needed the weapon for protection while in jail. He would later be conviction of possessing a sharp instrument in prison. He admitted 11 strike allegations and was sentenced to 25 years to life under the three strikes law. In this habeas proceeding, petitioner claimed his sentence violated the cruel and unusual punishment prohibition of the Eighth Amendment and asked the Court of Appeal to order Superior Court to resentence him on all of his convictions consistent with the possibility of release in his lifetime, or to find he was not ineligible for youth offender parole.
The Court of Appeal found resentencing on the juvenile offenses was necessary, but petitioner’s adult sentence did not violate the Eighth Amendment. The Court therefore vacated the 91-year term for the crimes committed as a juvenile, and remanded for resentencing.
Why Choose Our Firm – We Know Lifers
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1/1/2018: Assembly Bill 1308 (AB1308) increased age of Youth Offenders Hearing, if crime BEFORE reaching 26 y.o.
1/1/2016: (SB261), crime BEFORE reaching 23 y.o.
1/1/2014: Senate Bill 260, crime BEFORE reaching 18 y.o.
(SB260 / 261 / AB1308 All Youth Qualification Questionnaire)
Youth Offender Hearings – started in 2014
1) Youth Offender 2) ALL Parole Hearings Schedule
A California Bill signed by Governor Brown on September 16, 2013 implementing the United States Supreme Court’s decision in Miller v. Alabama (2012) 183 L.Ed.2d 407, which recognizes that most young people who commit crimes have the ability to change and become law abiding citizens as they age and mature. “Hallmark features of Youth” to be given “great weight” include immaturity, impulsitivity, recklessness, lessened responsibility, lessened ability to anticipate and appreciate consequences, immune to punishment, susceptibility to negative family/peer influences, and lessened capacity to overcome (or escape) dysfunctional home environments or crime-producing settings. NOTE: Denial of Parole at the SB260/SB261/AB1308 Youth Offender hearings, the inmate will be subject to Marsy’s Law denial length.
WHAT IS MARSY’S LAW (aka Prop-9) : On November 4, 2008, California voters passed Proposition 9, the Victims’ Bill of Rights Act (“Act”). The Act simplistically treats ALL lifers equally, regardless of the individual facts or any extenuating circumstances. California Penal Code section 3041.5 is amended, increasing the parole-denial periods to which life prisoners could be subjected.
WHAT PENAL CODE SECTIONS IMPACT LIFERS THE MOST by P9?: Under the former Penal Code section 3041.5 life prisoners who were not convicted of murder could be denied parole for 1 or 2 years, and lifer prisoners who were convicted of murder could be denied parole for 1, 2, 3, 4, or 5 years. Under amended section 3041.5. ALL life prisoners can be denied parole 15, 10, 7, 5, or 3 years. Parole Hearing are now by default every 15-year after any hearing which a parole is denied, unless the BPH can show by “clear and convincing” evidence that the inmate does not require a more lengthy period of incarceration. If that evidence is shown, then the BPH may proceed to set the next denial in the order of 10, 7, 5, and finally 3-years based upon the same criteria.
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Transparent Fees
Attorney Journal Award winning Diane T. Letarte’s flat fee for LIFER’s, Youth Offender (SB260/SB261 & SB519) SB394, AB1308, AB 3234 (50yo/20yrs down, non-3X) Elderly Parole Hearing Representation. (Fee subject to change)
Parole Hearing Legal Services include:
- Review Relevant Court Orders / Decisions (BPH Legal section)
- Review best approach to the Crime & inmate Closing statements
- Review relevant documents and/or C-file (ERMS, SOMS, etc..)
- Review accomplishments, Interview & Prepare Client for Board
- Review Parole Plans & Relapse Prevention Plan & Relapse Triggers
- Review Progress Report(s), Discuss “Insight” w/ Client
- Review Psych Eval., including “Hallmarks of Youth” for Youth Hearing
- Review Prior Hearing transcript with recommendations for new hearing. Review Institutional Behavior, Apology Letter(s)
- Represent Client at Lifer Parole Suitability Hearing
Attorney hire: Eff. 1/1/2025 fees are $5,500 & up ** for (ALL Prisons): Inmates that ARE housed at all California State Prisons: . (e.g. RJD, CEN, CALPAT, ISP, CVSP, CIW, CIM, CSP-LAC, CMC, AVE, COR, SATF, CCI, NKSP, KVSP, PVSP, VSP, CTF-Soledad; PBSP, SCC, HDSP, FSP, Folsom Women’s Facility, CSP-SAC (new Folsom), MCSP (Mule Creek), SQSP, CSP-SOLANO, CMF, CHCF).
** If interested in retaining our Parole Hearing legal services using the post-COVID19 protocol: Our Client must sign our Consent form to Waive the “in-person” prison appearance by Attorney Letarte, for any Consultation(s) and the Parole Hearing (now done by Audio and/or Video appearance); this avoids the extra travel fees & per Title 15.
BPH post-COVID19 Regulations: Title 15 CCR 2050, et seq.: Specifically Section 2052 Method of Conducting a Proceeding and 2053 Video Conference Presumption: Hearings will be conducted via Video Conference UNLESS you fall in the Exception list. (see 15 CCR 2054).
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NOTE: Attorney does not travel to prison, unless agreed upon, because of special extenuating circumstance. NOTE: extra cost for travel expense & travel time.Attorney hire $5,500 and up + $1200 (optional) travel fees
Inmates that ARE housed at the following Southern California State Prison: RJD, CEN, CALPAT, ISP, CVSP, CIW, and CIM. Fees subject to change.
- Rate includes a Consultation and the Parole Hearing representation.
- First Consultation is pre-hearing interview to “strategize”
- Second will be for the actual Parole Suitability Hearing.
Attorney hire $5,500 and up + $1500 (optional) travel fees
Inmates that ARE housed in the Central California State Prison. This rate reflects mostly Central locations that are not listed on the Southern or Northern prison locations. (e.g. CSP-LAC, CMC, AVE, COR, SATF, CCI, NKSP, KVSP, PVSP, VSP, CTF-Soledad)
- Rate includes a Consultation and the Parole Hearing representation.
- First Consultation is pre-hearing interview to “strategize”
- Second will be for the actual Parole Suitability Hearing.
Attorney hire $5,500 and up + $2000 (optional) travel fees
Inmates that ARE housed at the following Northern California State Prisons: *PBSP, SCC, *HDSP, FSP, Folsom Women’s Facility, CSP-SAC (new Folsom), MCSP (Mule Creek), SQSP, CSP-SOLANO, CMF, CHCF
[NOTE: *PBSP / *HDSP have additional $1500 to $2000 surcharge travel fee]
- Rate includes a Consultation and the Parole Hearing representation.
- First Consultation is pre-hearing interview to “strategize”
- Second will be for the actual Parole Suitability Hearing and there is normally a consultation right before going into the Board room.
Don’t be mislead: Cheap attorneys are cheap for a reason!
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Unparalleled Customer Service
“First of all, I must say THANK YOU !!!!!! I can never thank you enough for what you did for me. As
I mentioned to you. I am always scare to death of going in my parole hearings. But, you made me relax
and when I went in there, I felt like you were my Guardian Angel.There’s something you said in yourflyer that I took to the heart. “One of the most important factors when looking for an Attorney is to find someone, whom you can trust to help you with your legal issues. has experience in the specific field and will take a personal interest in vou. as an individual. ” Well, you sure proved that to me.” By Carlos [28+ years incarcerated, received Parole Grant] – CVSP. Your are a very kind human being, and God sees the good in all people!
2000+
Client Consutations
93%
Successful Cases
40+
Professional Attorneys
Recovered Cost
On Saturday July 26th, 2014 Senator Joel Anderson honored San Diego’s hometown Small Business Law Office of Diane Letarte!
Diane T. Letarte was Honored with a Senate “Outstanding Community Award” in commemoration of Ms. Letarte’s Outstanding Accomplishments in recognition for her tireless LIFER Advocacy on behalf of Californians, making a positive change to their lives and in search for a new beginning!
Chief Justice Supreme – Canada
[R] Hon. Beverly McLachlin, Chief Justice, the Supreme Court of Canada
[L] U.S. California Attorney Letarte, originally a snowbird of Montreal, Quebec, Canada.
Oui, Oui, nous parlons francais!
On Saturday July 26th, 2014 Senator Joel Anderson honored San Diego’s hometown Small Business Law Office of Diane Letarte!
Diane T. Letarte was Honored with a Senate “Outstanding Community Award” in commemoration of Ms. Letarte’s Outstanding Accomplishments in recognition for her tireless LIFER Advocacy on behalf of Californians, making a positive change to their lives and in search for a new beginning!
[R] Hon. Beverly McLachlin, Chief Justice, the Supreme Court of Canada
[L] U.S. California Attorney Letarte, originally a snowbird of Montreal, Quebec, Canada.
Oui, Oui, nous parlons francais!
Call Us 619-233-3688 or 888-200-8485
What Our Client’s Say
Diane represented me at a board of parole hearing for two murders that I did not commit. Maintaining my innocence was always the elephant in the room for 39 years. She removed the elephant by guiding and coaching me before and throughout the hearing I am convinced I would still be in prison if she had not represented me. Nov 2015 – Robert B. (Stockton)
Represented: by State Appointment, Subsequently Privately Retained, Subsequently Court appointed on Writ and then appointed via the Court of Appeals. (2007-2008)
Dear State Bar Association,
I am writing on Behalf of Ms. Letarte, Attorney-At-Law. I was seen by the California Parole Board on July 10, 2007 and was well represented by Ms. Letarte. This was my 4th board appearance and BY FAR Ms. Letarte has been without a doubt “thee” BEST attorney I’ve had.
Ms. Letarte was both polite, yet thorough in her representation and had kept my best interests in mind at all times within my parole hearing.
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Dear Yolanda, Legal assistant to Attorney Letarte 1/20/2020
Words can not express the gratitude I feel for your consistent motivation. The passion you displayed made me confident that you strive for excellence and your work is a manifestation of that observation. I really appreciate the kindness you extended to my family. It made the process a lot easier. THANKS for all the assistance you put into your work that assisted me to be found suitable, [despite the EOP status with CDCR]. I promise to make the best of this second chance. Thanks for BEING THERE!
Sincerely, D.P. (CHCF Stockton, 2020)
“Ms. Letarte, my family and I want you to take part in our joy. Our Gratitude for your Kindness and Excellent legal performance will remain forever in our hearts. Knowing how much enthusiasm and devotion you put in your work, I am certain that you will be very happy too, with the outcome of your performance in my case. I was informed that INS will be at the State Prison to pick me up tomorrow and then take me to Mexico’s borderline. I am going home!!!
Your POPULARITY and RESPECT among lifers [in Prison] keeps Climbing!” Justo,(2014) God is absolutely great and merciful, after after 27+ years of this difficult journey, He finally has set me free.
Pre-Board Preparation service (11/25/2022): I’d like to thank and commend Attorney Diane T. Letarte for the stupendous work she did recently, on the Pre-Board Consultation legal services with my son, as it relates to his future (2033) board parole suitability hearing.
Attorney Letarte demonstrated exceptional expertise in her parole board hearing legalese. She outlined a clear and concise legal approach that will assist my son with continued preparation as his parole board hearing approaches. Attorney Letarte, as evidence by my son, is extremely passionate about her work, detailed, meticulous, and most of all she listens well. On behalf of me and my sons entire family we’d like to thank you again and again. praying all well wishes to you, your family, and wonderful staff (Yolanda). We’ve been praying for years to find legal assist as superb as your practice has delivered to our family. A mom (11/25/2022)
“After retaining several attorneys in the past, I learned not to trust them. They were only interested in your money and not in your case. Diane changed all that. When she took my case, she took it personal, as if I was her only client. She treated me more like family instead of a client. She went inside my parole hearing fighting like a champ! She was my Guardian Angel.” Carlos 3/2013