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

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