Proposition 47 is a newly enacted statute that means a chance to reduce convictions from felonies to misdemeanors in charges related to nonviolent property and drug crimes.
This means that someone who has a current felony or a prior conviction on their record and may be serving time in jail or prison could request a re-sentencing. Therefore they may qualify for an early release.
Anybody that would like to apply for re-sentencing will undergo a “thorough review” of their criminal history and determine if they present a risk to themselves or others.
Felony Convictions that Could be Reduced to Misdemeanors
- Shoplifting, where the value of property stolen does not exceed $950
- Grand theft, where the value of the stolen property does not exceed $950
- Receiving stolen property, where the value of the property does not exceed $950
- Forgery, where the value of forged check, bond or bill does not exceed $950
- Fraud, where the value of the fraudulent check, draft or order does not exceed $950
- Writing a bad check, where the value of the check does not exceed $950
- Personal use of most illegal drugs
Anybody that has a previous conviction for murder, rape, certain sex offenses or certain gun crimes would not be eligible for the re-sentencing.
We have over 25 years of experience representing clients all over San Diego County in all cases involving property theft and drug related crimes. If you think you or someone you know would qualify to have their felony reduced to a misdemeanor, call today for a confidential consultation.
Here are some examples of our success.
- Health & Safety Code section 11378–Five Counts of Felony Possession for Sale of Ecstasy
Client entered a plea to one count of possession for sale, with a reduction after 18 months of successful completion of probation, no jail time (People v. C.H.)
- Health and Safety Code section 11550–Under the Influence of Controlled Substance
Client was allowed to complete residential rehabilitation program and have original charge dismissed, thereby enabling him to successfully receive an Emergency Medical Training certificate, a job, and a new lease on life (People v. A.S.)
- Health & Safety Code section 11350–Possession of Cocaine
Client was pulled over by police for “acceleration of speed” which we proved was not a valid basis for a detention of our client’s car. As a result, we filed a petition to suppress the evidence. Petition granted, case dismissed. (People v. L.P.)
- Penal Code section 530.5–Felony Identity Theft
The client used someone’s identity to buy some miscellaneous items. We served subpoenas on witnesses and fought the case. We provided the prosecutor with ‘mitigating’ information that showed she was a good person and had no prior criminal record. The felony was dismissed in exchange for a plea to a misdemeanor with no custody and summary probation. (People v. G.C.)
- Penal Code 503, 487–Embezzlement and Grand Theft
When the police showed up and knocked on the door, this client did not know what to do. The client was accused of taking over $20,000 from her employer and the police wanted to know what happened. The client confessed and was charged with two felonies.
We met with the client to find out what happened and how we could help her. She indicated that some personal issues were affecting her life and she needed help. We reviewed the police report and requested accounting records from the police and the prosecutor’s office which helped us learn more about the accusation.
We contacted the employer by mail and in person. The employer was willing to help us. The client was able to pay restitution to the employer, as well as to take many positive steps to improve her life.
As a result, the felonies were dismissed in exchange for a plea to a misdemeanor, the client avoided time in custody, and was placed on summary probation. (People v. M.G)
For more successful outcomes please click on Results.
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