Proposition 47 passed! Dozens of theft and drug charges that were classified as felonies have now been re-classified as misdemeanors.
This new law will allow thousands of inmates currently in state prison to seek re-sentencing and release from prison! Some estimates project the release of 10,000 inmates currently doing time in state prison. Inmates currently serving time on charges now reclassified as misdemeanors can seek immediate re-sentencing. Thousands of other inmates will be eligible for a reduction in their prison time.
Release under the new law is not automatic. After an inmate makes the petition the justice must determine whether the person still poses “an unreasonable risk to public safety”. The law gives judges broad authority to consider whatever evidence they feel is relevant to their decision. The prosecutors will be able to present evidence about the facts of the crime and the inmates criminal record. Given the broad scope of evidence allowed at the hearing, defense attorneys will be able to respond with almost anything showing that the inmate has been rehabilitated or that the crime was out-of-character in some way. Having a good lawyer on your side who can creatively and thoroughly prepare and present the case may mean the difference between freedom and prison.
Forest Wilkerson and Joshua Mulligan are two of the top criminal defense attorneys in the Coachella Valley. They will be taking Prop 47 re-sentencing cases in Indio and the Coachella Valley, as well as other parts of Riverside County.
Check out our article on general guidelines for Prop 47 resentencing. Call for a free Prop 47 sentencing analysis for all Riverside County cases. Most questions can be answered by phone in a few minutes.