Making the Right Decision Under Proposition 47

Our previous Prop 47 blog discussed the importance of Prop 47 because of the harsh sentencing polices in California.   In response, we have received numerous calls and emails regarding the benefits and disadvantages to Proposition 47 because it applies to persons who are currently serving a sentence, as well as those individuals that were convicted of a felony and have already served their sentences.

New Prop 47 Law

Prop 47 now requires judges to impose a misdemeanor sentence on individuals convicted of the following crimes from felonies to misdemeanors:

·  Shoplifting, if the value of property stolen does not exceed $950

·  Grand theft, if the value of the stolen property does not exceed $950

·  Receiving stolen property, if the value of the property does not exceed $950

·  Commercial Burglary, if the value of forged check, bond or bill does not exceed $950

·  Forgery, if the value of forged check, bond or bill does not exceed $950

·  Fraud, if the value of the fraudulent check, draft or order does not exceed $950

·  Writing a bad check, if the value of the check does not exceed $950

·  Personal use of most illegal drugs

Eligibility

You may be eligible for a reduction or resentencing if you have been convicted of any of the above crimes, and do not have a violent or serious conviction on your criminal record.  You must also:

·  Have successfully completed the terms of the sentence, not under court supervision, and are not in custody;

·  Are currently under court supervision (probation, parole, mandatory supervision) or are currently in custody; or

·  Are currently diverted under PC 1000, California's Deferred Entry of Judgment (DEJ) Restrictions

Restrictions

Unfortunately, obtaining relief for relief under Proposition 47 does not restore a person’s right to own a firearm. Therefore, before applying for Prop 47 relief, contact an experienced criminal defense lawyer because you may qualify for an expungement. Because Prop 47 does not affect firearm rights, the use of this relief should only be used for certain individuals that are otherwise ineligible for an expungement.

Further, because Proposition 47 does not set time limits for the court to take action on your petition to recall, resentence, or redesignate a conviction, it is important to contact an attorney to help you with the process. Criminal attorneys that understand the criminal justice system can streamline the process in order to get the Courts, District Attorney, and Probation to respond to your petition.  Contact us today and we will help you understand not only the law, but your rights!


Posted on
March 23, 2015
in
Fresno Criminal Law Posts
category
California Proposition 47, Criminal Attorney, expungements, expungements versus Prop 47 relief, Fresno Prop 47, Fresno Prop 47 cases

Saving Lives: Protecting Patients with Marijuana

Drug and marijuana cases can be fought when you have the right criminal law attorney in Fresno. Free consult to discuss your case.
Criminal
Criminal, Traffic and DUI defense Fresno, CA
Law Offices
October 6, 2015
Questions on medical marijuana in the state of California? See what the problems with production and transportation of medical marijuana in the state and see what you can do to protect yourself as a user and patient.

Reminder to Reduce Your Charges Under Prop 47

See if you qualify for Prop 47 relief or an expungement for your felony case. Our lawyer will make sure you qualify.
Criminal
Criminal, Traffic and DUI defense Fresno, CA
Law Offices
March 18, 2015
If you have a Proposition 47 case and you are eligible to apply, make sure to apply for relief. Failing to do so will result in your charge staying on your record and you will still be considered a felon. Don't wait, call us today.

Disclose Criminal Convictions in California Schools

Teachers may be required certain criminal and DUI charges they entered a plea to, so call a lawyer to fight the charges.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 18, 2015
If you want to obtain employment in a school in California, make sure you know how to answer the questions regarding your criminal record. Find out just what is required to be disclosed when you apply for jobs in Fresno.

Bailing out of the Fresno County Jail

A Fresno lawyer is able to help you understand the bailing out process in Fresno and get a bail bonds company of you.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
April 2, 2015
What is bail and why do I need it? Learn the ins and outs of bail and how to stay out of jail in Fresno. When facing criminal charges, it is important to know what your rights are concerning bail and whether you should use it.

Who Let the Dogs Out? National Dog Day!

Dogs are the best, especially on National Dog Day, even when I am reading the law books at Tina Barberi's law firm
Our Firm
Criminal, Traffic and DUI defense Fresno, CA
Law Offices
August 26, 2015
Hooray, today is National Dog Day! We love our four-legged friends and want to show our special thanks for the love they always give us. Meet our best friends and then tell your special pooch how much they mean to you as well.

Happy Veterans Day! Let's Celebrate Our Brave Soldiers

Criminal lawyers will help you when you are charged with a Drunk driving this Veteran's Day.
Our Firm
Criminal, Traffic and DUI defense Fresno, CA
Law Offices
November 11, 2015
Fresno Police Department is patrolling this weekend for suspected drunk drivers in Fresno. If you are drinking during the holiday weekend, please make sure to not drink and drive. If you have facing charges, get help now.

Speedy Trial Violations: Dismissals are Possible

Fresno courts must dismiss the case against you even if you are guilty when your rights are violated in Fresno with the right attorney.
Criminal
Criminal, Traffic and DUI defense Fresno, CA
Law Offices
April 18, 2016
The government is required to prosecute you within a reasonable period of time, and when there is a violation of a speedy trial right, it is serious. See if your case should be dismissed when the district attorney violates the law.

Motions to Suppress in Criminal Cases in Fresno

Illegal detentions, searches and seizures are serious and without a criminal attorney, it is difficult to win a suppression motion.
DUI
Criminal, Traffic and DUI defense Fresno, CA
Law Offices
March 6, 2015
Motion to suppress hearings are a way to show the police illegally searched or seized evidence illegally. Make sure you understand what these motions are and how to use them when you are facing criminal charges.

Facing Underage DUI Charges in Fresno County

Fresno underage drinking and DUI are prosecuted harshly so get an experienced criminal defense attorney to defend you in Fresno.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
April 2, 2015
Underage drinking and driving is prosecuted fully by the Fresno District Attorney. Being arrested for underage drinking or DUI, you must understand the criminal charges against you in order to fight against the conviction.

Fresno County Preliminary Hearings in Court

Fresno criminal defendants are required to attend a preliminary hearing to see if there is evidence to hold you over for trial.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
February 19, 2015
If you are facing felony charges in Fresno County, you may be required to attend a preliminary hearing. See what the difference between a preliminary hearing and a jury trial, including what witnesses will testify against you.

Is Proposition 47 Appropriate for Your Felony?

Do you need Prop 47 relief in Fresno County? If so, call immediately to discuss your case to ensure you get the relief you deserve.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
May 13, 2015
Before applying for Prop 47 Relief, make sure you qualify. Most people do not understand the new California Prop 47 laws and it is important to get the relief you are entitled to by reviewing our info-graphic.

Teens Prosecuted for Having Their Own Nude Photos!

Selfies can get you in trouble with the government and you can be prosecuted for felony or misdemeanor charges.
Our Firm
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
September 21, 2015
Minors rights are being infringed upon by state officials. Read why the courts can impose moral or ethical beliefs that are not consistent with other laws. See how the government is failing to protect our minor children from itself.

You Might Also Like