The passage of proposition 47 has opened many doors to people trapped behind felony charges. Along with the doors, there are a lot of questions that have been raised.
Mainly, Does Prop 47 help me and my case?
First, Let’s talk about what Proposition 47 does. The new law allows a number of felony charges to be eligible for reduction to misdemeanors.
A reduction to a misdemeanor reduces the maximum jail time allowable for cases to be reduced from approximately 3 years in state prison to 6 months to a year in the county jail.
Here in this post, I am going to lay out the basics of the law change so that you can see if this is something that applies to you or your loved one.
The first question you need to ask is this: What charges am I dealing with?
- Possession of Cocaine/Heroin for Personal Use (H&S 11350)
- Possession of Concentrated Cannabis for Personal Use (H&S 11357)
- Possession of Methampthetamine for personal Use (H&S 11377)
- Grand Theft Auto, (if Auto is worth less than $950)
- Shoplifting (worth less than $950)
- Receiving Stolen Property (PC 496) (worth less than $950)
- Forgery or Check Fraud (Less than $950)
- Bad Checks (PC 476) (less than $950)
If you are facing any of the above charges or have been convicted of them in the past, you may be eligible for prop 47 re-sentencing.
What if I have priors? Can I still get help from Prop 47?
Yes, You can still get a reduction with prop 47, but there are some exceptions.
1) If you’re a registered sex offender under PC 290.
2) If you’ve been convicted of any of the several serious felonies listed below:
- Sexually Violent Offenses
- Sex crimes against a child under 14
- Murder, Attempted Murder, Solicitation to commit Murder
- Gross Vehicular Manslaughter while intoxicated (penal code 191.5)
- Assault with a machine gun on a peace officer or firefighter
- Possession of weapons of mass destruction
- Any serious/violent felony punishable by life in prison or death.,
What if I have a Strike?
As long as your strike is not one of the charges listed above, you are still eligible for relief.
Are you voting and jury rights restored if I have my charge reduced?
Yes, not having a felony conviction can help you restore these valued rights as well as getting rid of your felony conviction that hurts your chances at employment.
Can I get my Gun Rights back?
Prop 47 does not restore your rights to own a gun. If you do so, you’ll still be subject to California’s felon with a gun violation.
How does the process work to get my charge reduced?
Once you meet with me, I’ll first determine if you are eligible for re-sentencing.
Next, I’ll get the necessary information to file your petition with the court.
Once the petition is filed with the court, we will make sure that the court follows through and grants the motion as soon as possible.
How long will the process take?
We typically file petitions within a day or two of receiving the necessary information. The next step is getting a court date and that will typically take 4 to 6 weeks.
How much does it cost to do a Prop 47 reduction?
While some complicated cases may be more, the typical petition costs $1000. This flat rate would be the total fee to finish the process.