If you believe that Proposition 57 applies to your criminal case or that of a loved one, then your next call should be to a criminal defense attorney to find out what your options are. You can reach Chambers Law Firm by calling us at 714-760-4088 for a free legal consultation. You can also keep reading to find out the basics of what Prop 57 might be able to do for you and your family.
The Basics of Prop 57
In 2016, Proposition 57 was passed by a ballot measure in which the people of the state voted to pass it. It essentially changes the way juveniles can be charged with and tried for crimes. In almost all instances, Prop 57 requires that a juvenile be tried in a juvenile court and not adult court unless a judge determines that the accused should be charged as an adult.
Prior to the passage of Proposition 57, the prosecutor was often the person who decided if a person should be tried as a child or an adult. This was problematic because a prosecutor’s job is much different from the job of a judge – especially a juvenile judge. The purpose of the juvenile justice system is not to punish but rather to rehabilitate. For this reason, judges in that system are less likely to decide that a child should be tried as an adult unless there are significant reasons to do so.
The Application of Prop 57
Prop 57 is applicable to a criminal case if the defendant was a juvenile when the alleged offense took place, and there was no final judgment in the case. In that specific case, an attorney can file a motion to have the juvenile defendant re-sentenced as a juvenile. This can affect a person who is on probation, parole, or who has already served their time – provided a final judgment has not been made.
This can result in a person having their sentence reduced by years. However, note that it does not happen automatically – a motion must be filed, and it must be filed within a certain amount of time. While it is not required that you have an attorney to file this motion, we strongly suggest you do so that you do not have to deal with losing the motion for a minor mistake.
If you or a loved one is serving time for a crime they committed as a juvenile, Prop 57 could change your life. Contact Chambers Law Firm now at 714-760-4088 to request a free legal consultation and to determine what your best options are.
