Proposition 47, the ballot initiative passed by California voters on November
4, 2014, reduces certain drug possession felonies to misdemeanors. It
also requires misdemeanor sentencing for petty theft, receiving stolen
property and forging/writing bad checks when the amount involved is $950 or less.
No one is automatically released from state prison because of Proposition
47. The new law allows people who are already serving a felony conviction
for these crimes to petition the court for resentencing. In addition,
Proposition 47 allows a person who has completed his/her sentence for
the specified offenses to file an application before the trial court to
have the felony conviction reduced to a misdemeanor.
Not all offenders can petition the court, even if their convictions were
felonies that are now misdemeanors. Offenders cannot petition a court
for resentencing under Proposition 47 if they have previous convictions
for: sex offenses including rape, child molestation and other sex offenses;
murder, attempted murder and solicitation to commit murder; assault with
a machine gun on an officer; or any serious or violent crime punishable
by a life sentence or death. Any inmate required to register as a sex
offender is not eligible.
Eligible inmates who petition the court are required to be resentenced
unless the court finds an unreasonable risk to public safety. Eligible
inmates must file a petition or application to the court that sentenced
them by November 4, 2017 (i.e., within three years of the effective date
of the initiative).
The Law Office of Ivan O.B. Morse represents the residents of Dublin, CA
in all of their criminal cases.
Contact our firm today for the help that you need.