Am I Eligible for Resentencing Under the Los Angeles DA’s New Policy?
After being elected during the November 2020 elections, new Los Angeles County District Attorney (LACDA) George Cascon issued a directive to review resentencing policies. His new order went into effect December 8, 2020, and aimed to change the goal of sentencing from punitive to rehabilitative. People who have been convicted of crimes in the past and those currently facing charges may be affected by the LACDA’s course change.
What Are the Eligibility Requirements for Resentencing in Los Angeles?
If you are eligible to have your current sentence reduced under the LACDA’s new policy, you may be able to leave prison soon after receiving a reduction. The new policy aims to address what it believes are unjustly harsh sentences handed down for “enhancements.” These enhancements automatically added years of punishment, attempting to ensure violent criminals were put away for lengthy sentences. However, recent reviews have found that enhancements disproportionately affected non-violent offenders or were based on shoddy investigations.
To be eligible for a sentence restructure at this time, you need to have been criminally sentenced in Los Angeles County under an enhancement. Some of the possible enhancements that could be reduced include:
- Prior strikes under California’s three-strikes law.
- Gang-activity per the STEP Act.
- Bail violations.
- Three- or five-year priors.
- Convictions involving Proposition 8 victim’s rights.
The new LACDA directive specifically cited the unreliability of gang-activity enhancements as a justification for this new policy.
How To Seek a Resentencing Under the New Policy
The easiest way to determine your eligibility is to consult with an experienced criminal defense attorney. If you are eligible, your attorney can file a motion for resentencing to get your case in line for a hearing. There may be an avalanche of motions for resentencing under the new policy, so it is best to have yours filed immediately.
Even while your motion for resentencing is pending, your attorney can contact the LACDA’s office to try and negotiate your reduction or release. If there is compelling evidence that your case falls under the new directive, the district attorney’s office is unlikely to oppose your request. After all, the entire goal of the policy is to end unjust incarceration.
The New Policy Applies To Pending Charges
District Attorney Gascon is upending the entire approach of the LACDA’s office to sentencing. Not only are people already convicted possibly able to have their sentences reduced, but pending trials are also affected. If you face charges for a crime that is eligible for probation, the LACDA will not attempt to force jail time absent “extraordinary circumstances.” Instead, you will be given a chance to prove you are not a threat by staying clean during probation.
Recently sentenced individuals will be eligible for reductions automatically. If your sentence was handed down on or after August 10, 2020, and involved an enhancement, you should apply for a new sentence. While you may not be immediately released from prison, the new rule could knock years off of your term. The LACDA’s office will not fight the elimination of your enhanced sentence.
Have you or a loved one been unjustly sentenced under California’s enhancement policy?
The experienced legal team at the Chambers Law Firm can review your case and determine your eligibility for resentencing. Call us at 714-760-4088 or email dchambers@clfca.com to schedule a free initial consultation with a knowledgeable criminal defense attorney.
