San Diego Criminal Defense Attorney Explains Resentencing Under California’s Proposition 47
In late 2014, California passed an initiative called the Safe Neighborhoods and Schools Act, also known as Proposition 47. One result of this initiative is that it reclassified many forms of theft and drug possession felonies as misdemeanors. This only had an affect on certain qualifying individuals who met a standard of criteria. Defense Attorney Ashby Sorensen helps those in San Diego who may qualify under Proposition 47 to reclassify their charges from a felony to a misdemeanor.
Individuals Affected by the Consequences of Proposition 47
After the initiative passed, many qualifying individuals were immediately affected by the sweeping changes brought on by Proposition 47. Specifically, in order to qualify under Proposition 47 and have the ability to achieve resentencing, a person must fall under one of the following categories:
- Any defendant currently facing charges at any stage prior to sentencing – charges automatically eligible for reduction from a felony to a misdemeanor.
- Any convicted individual who was serving time or on probation – eligible to petition the court requesting reclassification of their charges resulting in the possible release, or shift in their probation status.
- Any convicted person who is no longer serving time, on probation or parole – able to petition for reclassification of their felonies to misdemeanors.
If you or someone you know has recently been convicted or is facing criminal charges, there may be an opportunity for reclassification and sentence modification. A knowledgeable defense attorney in San Diego is able to accurately assess your Proposition 47 qualifications and can work to achieve a reduction in sentencing or a change in probation conditions.
An experienced defense attorney will be able to properly file for a Writ of Habeus Corpus in order to challenge the current sentence and request modification from the court. A Writ of Habeus Corpus can be filed if the person is currently in custody and wishes to challenge the validity and constitutionality of their current charge and how they are being held. Using a well-prepared and legally powerful argument, a defense attorney can receive a response from the judge stating the sentencing is illegal and may reduce or dismiss their sentence. When the judge is re-evaluating the case and sentence based on the attorney’s request, they also have the discretion to terminate probation altogether. Attorney Sorensen helps his clients exemplify good cause or a change in circumstance in order to justify the modification. Our firm has helped many clients with sentence modification and we look forward to providing you with the same beneficial service.
Contact Defense Attorney in San Diego Ashby C. Sorensen Today to Get Help With Your Proposition 47 Resentencing Matter
When it comes to your criminal record, your personal freedom and quality of life, you do not want to risk putting it in the hands of an attorney who will not fight for you. Criminal Defense Attorney in San Diego, Ashby Sorensen understands the value of resentencing and works hard to give your case and your legal rights the attention and dedication they deserve. Help us help you protect your legal rights. Call (858) 999-6921 now to schedule your free consultation.
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