Prop 47 in California
Our Irvine Defense Lawyers Can Help You Apply for Prop 47 Relief
On the November 4, 2014 California ballot, Proposition 47 was approved. Prop 47 was introduced by California legislators as a way of reducing the financial burden caused by overcrowding in our jail system. Specifically, Prop 47 reduces certain nonviolent and non-serious crimes from felonies to misdemeanors. In addition, Prop 47 allows individuals who are currently in custody in state prison to be “re-sentenced” and have those crimes reduced to misdemeanors, thus allowing them to be released from state prison.
What criminal offenses are included in Prop 47?
- § Penal Code §484. Petty theft not exceeding $950.00.
- § Commercial Burglary §459. Property not exceeding $950.00.
- § Grand Theft § 487. Property not exceeding $950.00
- § Penal Code §496. Receiving stolen property not exceeding $950.00.
- § Penal Code §470-476. Forgery not exceeding $950.00.
- § Penal Code §476a. Writing a bad check not exceeding $950.00.
- § Health and Safety Code §11377. Possession of methamphetamine.
- § Health and Safety Code §11350. Possession of a controlled substance.
- § Health and Safety Code §11357a. Possession of concentrated cannabis.
At the Law Firm of Pilchman & Kay, P.L.C., we are well-versed and updated on all the specific changes in our criminal law courts. Let our Irvine defense attorneys assist you in qualifying for Prop 47 relief.
Give us a call at (949) 558-0042 to schedule your free, confidential consultation.
Who Is Not Eligible for Proposition 47 Relief?
Prop 47 is not absolute and there are certain individuals who are not allowed to benefit from relief. Those individuals who have been previously convicted of murder, rape, gun crimes, and certain sexual assault offenses are not entitled to be resentenced. In addition, Proposition 47 requires a review of each candidate to determine if they are suitable for relief including doing a risk assessment to ensure public safety.
How to Have Your Case Resentenced?
If you were convicted of a crime that allows for Prop 47 relief, you must submit an application for resentencing in the county in which you were convicted. In addition, you have to serve a copy of the motion upon the district attorney’s office in that same county. Once the items have been properly served a judicial officer will review your file and if you are eligible, your motion will be granted. If there is a question about your eligibility, you will receive a court date where your assigned judge will rule on your motion. The county probation office may do a background check to determine whether you are excluded as a candidate or if you are considered a public safety risk.
Post Prop 47 Requirements
If you are resentenced under Prop 47 your maximum exposure in jail is one year. This means that if you are in prison and have served a year in custody, you will be released. If you have not served a year in custody, your release date will be determined by the terms of your plea.
Typically, there are other terms and conditions of a plea other than custody time. This includes restitution, fines and fees, no contact orders etc. Even though the crime was reclassified, those terms are not impacted and you are expected to fulfill them.
If you or a loved one have been convicted of any of the crimes listed above, contact (949) 558-0042 for a free consultation. Our Irvine criminal defense attorneys are available to assist you with Prop 47 relief.