Posted in Proposition 47 FAQ'S on November 6, 2014
Can you actually get your sentence changed or charge reduced to a misdemeanor?
The new changes under Prop 47 allow those convicted of certain drug possession charges to request reduction of their charges and sentence by petitioning the court.
If you have been convicted of the following offenses AND are still serving a sentence (includes being on probation, serving a prison term, etc), then you may file the petition under Penal Code Section 1170.18.
Possession of a Controlled Substance – Health and Safety Code 11350
Possession of a Controlled Substance – Health and Safety Code 11377
Possession of Concentrated Cannabis – Health and Safety Code 11357
The reduction is NOT mandatory, and a Judge has the choice whether or not to grant the reduction from a Felony to a Misdemeanor and/or a reduction in sentence based on a number of factors.
Such factors include, but are not limited to, prior criminal history, prison disciplinary record, and whether the court believes release would pose an unreasonable risk of danger to public safety.
These petitions are somewhat complex, but do offer the opportunity for someone serving prison sentences to end their terms immediately, or for those simply wanting to reduce the impact of a Felony conviction on their lives immediately.
If you or a loved one are currently serving a sentence for any of the listed drug possession offenses and are interested in pursuing resentencing under the new Proposition 47, please contact me at (951) 667-5293 to discuss your situation – the call is FREE.