Are you or a loved one currently serving time for a prior drug conviction? If so, learn about changes to the law that took effect January 1st, 2022, and could result in a new, lower sentence. Contact Chambers Law Firm at 714-760-4088 right away if you require a free legal consultation from an attorney who can help with post-conviction relief.
Convictions for sale or possession for sale of drugs might be eligible for resentencing
Before these recent changes to the law, if a person was convicted of possession of sale for drugs and had a prior conviction for the same crime, they could face up to three additional years added to their sentence.
Now that the law has changed, a person can no longer be sentenced based on their prior conviction. The courts are required to resentence and strip off the enhancement. For example, if a person was sentenced to three years for the current crime and an additional three-year enhancement for their prior, their new sentence would reflect only the time for the current sentence: three years.
This applies to both new cases and old. If a person is currently in jail and has served time for their current conviction, they could be released from prison. If they have served two of their six years, they would only have to complete the time for the current charge.
The law has changed how prison priors are looked at
In the past, if a person is arrested and convicted of a felony, when it comes time to sentencing the judge would add an additional year if that defendant had previously spent time in prison. We refer to this as the “plus one,” meaning that you would serve the time you were sentenced plus one year for a previous stint in prison.
This extra year is no longer valid. Once again, it applies both to cases moving forward and to people who are currently incarcerated. A person who petitions the court could have a full year dropped from their sentence.
Do not rely on the court and prison system to tell you about your reduced sentence
The law states that the prison must determine who these new laws apply to, notify the court system, and the court system is then tasked with reaching out to those who are affected. However, there are going to be thousands of people affected by these changes. Waiting to get your notice could take quite some time.
The better option is to contact Chambers Law Firm at 714-760-4088 so we can file the appropriate petitions and get your case to the front of the line. Many incarcerated individuals might be eligible for immediate release. Call us now to request your free legal consultation.