As a drug attorney, clients have recently been asking about Proposition 47 and how it can impact them. In fact, if you have a loved one that has been sent to jail for drug possession, this is important for you to know as well. Proposition 47 was recently passed into law and it impacts those who have been convicted of certain crimes in California. If you live out of the state, this will not apply to you.
According to the new law, people that have been charged with certain crimes that can either be classified as a misdemeanor or a felony, will now always be prosecuted as a misdemeanor. This is extremely important because the classification of a crime (misdemeanor vs. felony) directly impacts the penalties suffered upon conviction. Felonies often come with time in state prison, for example, where misdemeanor sentences are typically for a shorter period of time and served in the local county jail.
This is particularly relevant to drug crimes as many defendants received long sentences in the past. Now, thanks to Proposition 47, these cases can be reviewed by a judge with a possibility of having the sentence changed. If you have a family member in jail, this can be particularly helpful. For example, as a drug attorney, I know that if someone is serving time in state prison for committing a drug crime, it is because that person suffered a felony conviction. If a judge reduces the felony to a misdemeanor, there is a chance they will have already served the necessary amount of time in jail, leading to a potential release. This is a big deal, and if you know someone in this situation, you should call us to discuss their case further.
The judge has the discretion to either keep the sentence the same or to revise it. Time will tell how many cases end up being revised and how many people are let out of jail as a result. One thing, to keep in mind, is that if the judge believes that someone will commit certain violent crimes upon their release, they will be unlikely to convert the felony to a misdemeanor. Additionally, certain crimes will not qualify under Prop 47. This list includes but is not limited to the crimes of murder, some sex crimes and gun crimes. Most drug crimes, however, should qualify.
Proposition 47 states that all drug crimes for personal use be charged as a misdemeanor with the exception of marijuana which can be charged as a misdemeanor or an infraction. An infraction carries an even lighter penalty. Keep in mind that the cultivation of drugs is not for personal use and if you are caught growing a large amount of marijuana or cultivating methamphetamine, as an example, you may still be charged with a felony. As a drug attorney, we can review your case and let you know if and how Prop 47 can help you.
