AB2942 Resentencing Petitions Can I Get Resentenced – Penal Code Section 1170(D)
California offers inmates a way to file a resentencing petition under Penal Code 1170(D). If you or your loved one successfully get a court to order a reduced prison term, you can get your freedom back years earlier.
However, the process for seeking a reduced sentence can be time-consuming. First, you must qualify by receiving the recommendation of a criminal justice system official. Then, you must convince a judge you are no longer a risk to the public.
Who Qualifies for a Resentencing Petition?
The law only allows you to file a resentencing petition under Penal Code 1170(D) in two instances, both of which require you to have the recommendation of a specific criminal justice system official.
Your two options are:
- The recommendation of the California Department of Corrections
- The recommendation of the District Attorney in the county where you were sentenced.
Once you have received one of these recommendations, you can petition the court for resentencing. So, if you were convicted in an Orange County Court, you need either the recommendation of the Orange County District Attorney or the California Department of Corrections, which is responsible for running all of California’s state prisons.
No Guarantee You Receive a Reduced Sentence
Receiving the proper recommendation from one of those two entities can be difficult. You want to speak with a skilled criminal defense attorney to see if you or your loved one is a good candidate for a sentence reduction. Take this step before you begin any other petitions of legal filings.
Even assuming you receive clearance for a recommendation that you have your sentence reduced, a judge can still deny your resentencing petition. The recommendation only gives you the ability to bring a petition before the court. Once there, you and your defense team need to convince the judge that you are an excellent candidate for less time in prison.
Factors That Can Help Your Resentencing Petition
After filing a resentencing petition under Penal Code 1170(D), a judge will review your case record as well as your jail file. So, your criminal history and how you behaved once you were sent to prison can impact whether the judge grants you a reduced sentence.
When deciding whether to grant your petition, the judge will evaluate whether you are sufficiently rehabilitated to re-enter society. Part of this determination will be based on if the court believes you will commit crimes upon release.
Penal Code 1170(D) includes factors for the judge to review. These include:
- What is your prison record?
- Do you have any disciplinary actions in your past?
- Did you advance yourself once in prison by getting a degree or learning a new skill?
- How old were you when you committed the crime?
- How many years have passed since you committed any crimes?
All these factors are vital in helping the judge decide whether you are, in fact, rehabilitated. If you received a recommendation from the Department of Corrections, you likely have an exemplary prison record. The recommendations carry a lot of weight with the court but are not determinative.
Do you think you or your loved one meets the criteria for a resentencing petition in Los Angeles County, California? Contact the defense team at Chambers Law Firm as soon as you can. You can set up a free meeting by calling 714-760-4088 or emailing dchambers@clfca.com.
