Now that Proposition 47 has passed in California, the scramble to implement it statewide has begun. What does Prop 47 mean for your case, and how could you or a loved one be benefited by it? Here are a few summary points to start with—there will be various articles on this page about Prop 47 in the next few weeks in order to answer the many questions that have been flooding into our office recently.
Proposition reduces sentences for non-violent crimes such as drug possession and shoplifting, check and credit fraud, forgery, theft and possession of stolen goods when the total amount of money affected is less than $950. The sentence for all of these crimes will be downgraded from a felony to a misdemeanor. The maximum prison sentence will be lowered one year, where previously it had been a maximum of three years. Now that drug possession is a misdemeanor instead of a felony charge in California, thousands of cases will receive much lighter sentences. This goes for heroin, cocaine, methamphetamine, and other illegal drugs.
The LA Times recently reported, “However, anyone already serving prison time for a felony conviction on a reclassified crime may be able to petition for a new sentence — even those incarcerated under the state’s ‘three strikes’ law.” So this means that if you or a loved one are currently in prison for the non-violent crimes listed above, you may be able to reopen your case and pursue acquiring a reduced sentence. http://www.latimes.com/local/political/la-me-ff-prop-47-drug-possession-20141103-story.html Even if your case was affected by the three strikes law, it isn’t “game over” yet.
California is leading the nation in terms of sentencing reform. Instead of millions of dollars going to lock up nonviolent offenders, the funds saved as a result of this law will go to a fund for crime victims, education (specifically, the California’s Department of Education), and the state jails commission.
If you have further questions about Proposition 47, stay tuned to this blog for more articles explaining it. Also feel free to contact our office to discuss the specifics of your case.
