For the past few decades, California has been known for its tough-on-crime policies and its extremely harsh sentences. Fortunately, the California Constitution gives an individual the right to seek a commutation of sentence. Commutation is a form of clemency that the governor has the authority to grant and is an important form of post-conviction relief. In short, commutation is a reduction or a termination of a sentence.

Almost anyone who has been convicted of a state criminal offense can apply to have their sentence commuted, with the only exception being for individuals that have been impeached. Notably, commutation applies only to state crimes, and the governor lacks the power to commute sentences for convictions in another state or country, or for federal or military offenses.

The main benefit of a commutation is the ability of an individual to leave prison or jail immediately, to become eligible for parole or to accelerate individual’s parole hearing, or to change a death sentence to a life sentence. In addition, a commutation can be used to reduce or eliminate a fine or another penalty ordered by a court.

It is important to note, that a commutation does not change or reverse the finding of guilt, and unlike a certificate of rehabilitation or a pardon, it does not restore civil rights.

Factors to be considered for Commutation

For the most part, the governor has an almost absolute authority when it comes to commutations. And while there are no set criteria in deciding whether commutation would be granted, there are a number of factors that the Governor’s office would look at and consider, including:

• The severity of the offense and the harm caused to victims;
• The applicant’s age at the time of the crime and the time already served;
• The applicant’s behavior while incarcerated, as well as whether the applicant has obtained any certificates or education while incarcerated, and if the applicant sought treatment or participated in rehabilitative programs;
• Evidence of remorse for the committed offenses as well as evidence of victim restitution or efforts to remedy the impact the offense had on the victims;
• The applicant’s age at the time of the application and the need for commutation;
• The potential impact on the community, if the applicant is released, mainly the effect on public safety, and whether a commutation will be in the interest of justice;
• Public opinion, the opinion of victims, and/or the District Attorney;
• Whether the applicant has been rehabilitated and can be re-integrated into society;
• The applicant’s plans for re-entering society, including plans for employment and housing upon release.

In addition, the governor would look at any other factors that may act as indicators as to whether a commutation is warranted or not, like the applicant’s criminal history or whether the applicant is suffering from a terminal illness or a disability.

Commutations are not easy to obtain, and the help of an experienced post-conviction attorney can be crucial. If you or a loved one are considering applying for commutation, you can contact the experienced appeals attorneys at the Justice Firm today for a case evaluation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here. Procedure

Before submitting an application for commutation, the applicant has to notify the district attorney in the county where he or she was convicted by submitting a notice of intent to apply for clemency. In most cases, the notice has to be given ten days before filing the application. After receipt of the notice, the district attorney has the option of submitting written recommendation, and will also notify the victims, who may submit their own recommendations.

Ten days after notification, the applicant can submit his or hers application for commutation. Although not required, submitting evidence in favor of a commutation could be vital for a successful application. These evidence should include information and documents demonstrating treatment, post-conviction rehabilitation efforts, including education, training, or other self-improvement activities, as well as letters of support, and if the application is based on a chronic or terminal illness, the applicant must submit an authorization for release of medical information. All applications for commutation have to be notarized.

After submitting the application, it is up to the governor to decide what to do. There are no time limits for the governor to act on an application, although, individuals facing deportation or have some other urgent need, could receive an expedited consideration. The governor is not required to grant a commutation. Moreover, the governor does not have to even consider the application and can deny it without any further investigation. However, if the governor decides to consider the application, while not obliged to do so, he or she would most likely refer the application to the Board of Parole Hearings, which would conduct an investigation and would make recommendations to the governor.

If the governor decides to act on an application, the only real limitation comes in cases where the applicant has two or more felony convictions. In those cases, if the governor decides to grant commutation, he or she is required to submit the application to the California Supreme Court and to obtain consent by a majority of the court.

An individual is allowed to apply for commutation once every three years. During the three-year period between applications, the applicant can file a Reapplication for Clemency and request that the governor reconsiders the decision to deny or not act on the application. During the reapplication, no additional evidence that were not included with the original application can be submitted. The reapplication is simply a renewed request for the governor to take a second look at the application.

Generally, approval of an application for commutation is hard to obtain. Most often, commutation of a sentence is granted when there is a demonstration of good behavior, post-conviction education and rehabilitation, and/or to reduce an unfairly harsh sentence. For purposes of a commutation, a sentence would be considered unduly harsh because the laws at the time of sentencing were harsher, or the applicant was very young when he or she committed the offense, or if the applicant can demonstrate evidence of “intimate partner battering” or other abuse.

Applying for commutation or any other post-conviction relief can be a long and complicated process, which requires deep knowledge of the law and extensive experience in the process.

At the Justice Firm, our highly skilled and experienced appeals attorneys are ready to help and answer any questions you might have and if you or a loved one is currently serving a sentence for a state crime in California that you believe is overly punitive and/or disproportionate and would like to apply for commutation or another post-conviction relief, you can contact our California attorneys today locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

On December 7, 2020, Los Angeles County District Attorney George Gascon was sworn in as the County’s 43rd District Attorney. Following his defeat of Jackie Lacey, a DA who had built a reputation for a “tough-on-crime” approach, Gascon went straight to work making changes to his office true to his platform of criminal justice reform, progressive services, and rehabilitative prosecution. A main goal of his platform being lowering the prison population.

Gascon’s less punitive approach to crime includes no more gang enhancements, eliminating cash bail (including no longer seeking bail for anyone facing a misdemeanor charge or non-violent or non-serious felony), ending use of the death penalty, and providing resentencing eligibility. These major changes are expected to lead to the early release of thousands of state prison inmates whom Gascon said are unfairly serving overly long sentences.

The initial response to Gascon’s sweeping changes has included significant pushback and criticism by the public, victims and victims’ families, victims’ rights groups, Los Angeles prosecutors’ unions, and law enforcement. Gascon has in turn responded by adhering to his platform and reminding the public that he previously served as an LAPD assistant chief of police and has seen the broken inner workings of the Los Angeles criminal justice system. He stands by his position of reducing jail overcrowding and addressing more insidious issues in the District Attorney’s office including racism. What Does This Mean If I Am Facing Charges Or Have A Pending Case?

The new District Attorney’s office changes are having a major impact on new filings and pending cases. Beginning through not filing or stoping the filing of first-time misdemeanor offenses – associated with poverty and mental health such as loitering or public intoxication – and eliminating bail, going all the way to no more gang enhancements on filings and changes to sentencing; the DA changes affect cases of all sorts. Both new arrests and those already in the Los Angeles Superior Court system as pre-trials or awaiting trial outcomes. Misdemeanors and felonies.

Having your attorney work up your case is an opportunity you cannot miss. Your attorney will work aggressively at preventing charges, reducing the charges (in type or from a felony to a misdemeanor), and laying the foundation for your entire case defense. We can also guide you through the process of obtaining release via the new DA measures. This will result in you being as well prepared as possible to minimize the consequences of a criminal case with an attorney that is familiar working and negotiating with the Los Angeles District Attorney’s office.

What Do I Do Now?

If you or a relative or friend is currently in custody, has recently been arrested, or is facing an investigation or case; you must seek professional counsel. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience resolving cases successfully that are being prosecuted by the Los Angeles District Attorney’s office. Remember, you cannot leave your defense up to the parties that are trying to convict you. Contact us now for a Free Consultation.

In November 2016, California voters overwhelmingly passed Proposition 57 (64% to 35%) to enhance public safety, stop the revolving door of crime by emphasizing rehabilitation, and prevent Federal Courts from releasing inmates.

Under Prop 57, CDCR incentivizes inmates to take responsibility for their own rehabilitation with credit-earning opportunities for sustained good behavior, as well as in-prison program and activities participation. Prop 57 also moves up parole consideration of non-violent offenders who have served the full-term of the sentence for their primary offense and who demonstrate that their release to the community would not pose an unreasonable risk of violence to the community. These changes will lead to improved inmate behavior and a safer prison environment for inmates and staff alike, and give inmates skills and tools to be more productive members of society once they complete their incarceration and transition to supervision.

Lastly, Prop 57 allows Judges, not Prosecutors, to decide whether to try certain juveniles as adults in Court. Prop 57 sought to restore Juvenile Court Judges’ authority over juvenile offenders by allowing Juvenile Court Judges to determine whether or not juveniles aged fourteen and older should be prosecuted and sentenced as an adult, repealing California Proposition 21, which was passed in March 2000.

What Does Prop 57 Mean For Existing Sentences and Parole Eligibility?

There are three main provisions under Prop 57, two relating to adults and one to juveniles:

Adults:

1. Parole Eligibility Changes

2. Credit Awards Changes

Juveniles:

3. Direct Filing Eliminated

Offenders who commit multiple crimes against multiple victims will be eligible for release at the same time as offenders who only committed a single crime against a single victim.

• Repeat offenders will be eligible for release after the same period of incarceration as first time offenders.
• Offenders whose sentence was enhanced for especially egregious conduct will be eligible for release at the same time as those who did not engage in the egregious conduct.
• CDCR will have unlimited authority to award credits to all inmates, in excess of the current 15%, 20% and 50% conduct credit limitations.
• Juvenile offenders who commit violent crimes like murder, rape and carjacking cannot be filed on as adults. They must be filed on in Juvenile Court and can only be found unfit by a Judge.

What Will Happen To My Conviction And Sentence Under Prop 57?

Prop 57 allows for parole consideration to any person convicted of a non-violent felony offense and sentenced to state prison after completing the full term for his or her primary offense. The full term for the primary offense means the longest term of imprisonment imposed by the Court for any offense, excluding the imposition of an enhancement, consecutive sentence, or alternative sentence. This can mean drastically reduced eligibility periods for those facing long consecutive sentences.

Under Prop 57, inmates who comply with the rules, avoid violence, and perform duties assigned to them, are eligible to earn Good Conduct Credits. Inmates who participate in approved rehabilitative and educational programs shall be eligible to earn Milestone Completion Credits, Rehabilitative Achievement Credits, or Educational Merit Credits. Inmates who perform a heroic act in a lifethreatening situation may be eligible to receive the Extraordinary Conduct Credits.

What will the expanded credit-earning opportunities do for inmates? Credits earned for good conduct and rehabilitative and educational achievements can advance an inmate’s release date if sentenced to a determinate term, or advance an inmate’s initial parole hearing date if sentenced to an indeterminate term with the possibility of parole. Credit-earning opportunities are available to all inmates. What Do I Do Now?

If you or a relative or friend is currently in custody or served a sentence or consecutive sentences for a non-violent felony offense including theft, grand theft, grand theft auto, grand theft firearm, receiving stolen property, forgery, fraud, possession of a controlled substance, you may be eligible for relief; even if you have been denied parole. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience researching and preparing strategies for parole under Prop 57. Contact us now for a Free Consultation.

On September 30, 2018, Governor Jerry Brown signed into law Senate Bill 1437. SB 1437 became known as the Felony Murder Rule effectively changing the rules for how California charges felony murders.

Prior to SB 1437, California law allowed a defendant to be convicted of first-degree murder in the commission of a felony even if the defendant did not intend to kill the victim or did not know a murder took place. This means that in the commission of a residential burglary, for instance, if someone were killed as a result of the incident a getaway driver would be charged with and convicted or murder even if they had not stepped into the scene of the crime. This former broader law meant hundred of convictions of murder for individuals who never intended on seeing someone harmed in the commission of a felony act.

Under the new Felony Murder Rule, a person can only be convicted of murder if he killed a person in the commission of a felony, aided and abetted the killing, was a major participant in the killing, or the victim was a peace officer engaged in the performance of his duties. SB 1437 is retroactive, meaning it applies to defendants that were accused and convicted under the old law and who are now eligible for relief including appeal and resentencing.

How Do I Appeal A Sentence Under SB 1437?

Like most forms of post-conviction relief, appealing a sentence under SB 1437 requires careful processing and adhering to the rules so that the appeal is properly and timely carried out. The first step in the appeal process is filing a petition. This petition must be carefully prepared and filed in the sentencing court with service (or notice made) to the agency that prosecuted the petitioner and the attorney that represented the petitioner.

In order for the petition to be properly completed it must include a declaration from the petitioner showing he is eligible for a sentence reduction by meeting three conditions; showing he was prosecuted for murder under a natural and probable consequences theory (NPC theory) meaning that the murder was found to be a natural and probable consequence of a felony act, he was convicted of first-degree or second-degree murder following a trial or accepted such charges as a plea offer, and that he would not have been convicted of murder under California’s new Felony Murder Rule.

Once the petition has been received and accepted, that is that the petitioner has shown he is eligible for a sentence reduction, then a hearing is set to resentence. At this hearing it is not the responsibility of the petitioner to prove that his sentence should be reduced, rather it is the responsibility of the prosecutor to prove beyond a reasonable doubt that the petitioner’s sentence should not be reduced.

If the prosecutor cannot prove this, then the allegations and enhancements on the conviction are vacated and the petitioner is resentenced on the remaining charges. The resentencing Judge will give credit for time served and may order the petitioner receive parole supervision for up to three years following the completion of the sentence. What Do I Do Now?

If you or a relative or friend is currently in custody serving a sentence for felony murder you may be eligible for relief. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience researching, strategizing, and preparing petitions under SB 1437. Remember, a resentence and immediate release is possible. Contact us now for a Free Consultation.

Since assuming office in January 2019, Governor Gavin Newsom has proven himself a firm proponent of broader criminal justice reforms. He has been supportive of bills to address prison overcrowding and rehabilitative/reentry measures for California prison inmates.

Since the announcement of the California Major Disaster Declaration due to Covid-19 (Coronavirus) on March 22, 2020; much focus has been placed on prison sentence commutations and alternative sentences. Specifically when it comes to prison releases, within weeks of the emergency Governor Newsom had commuted sentences of 21 California prison inmates and granted pardons to half a dozen others. This includes over a dozen inmates convicted of homicides. As Coronavirus spreads into the prison system, the Governor’s office has taken immediate measures to reduce crowding and protect the population’s health.

What Does Covid-19 (Coronavirus) Mean For Prison Inmates?

Governor Newsom’s office is taking unprecedented measures with the prison system during this health crisis. They include locking down facilities, shutting down inmate visitation and volunteer programs, blocking transfer of county jail inmates to prisons, and creating distance measures in custody from dorm to dorm and between inmates and prison employees.

The Governor’s office has now gone a step further making sentence commutations and immediately releasing prison inmates. Over 3,500 inmates are to be released early due to the crisis.

These early releases are occurring throughout California’s 35 prisons for inmates who are scheduled for release in the next sixty (60) days and for those who meet sentence relief criteria. Lawyers representing inmates in ongoing appeals and resentencing petitions are putting pressure on the prisons and Courts to take more action.

When it comes to commuted sentences, Governor Newsom’s office said via a press release that now “In addition to the public safety and justice factors that the governor normally considers when reviewing clemency cases, he also considered the public health impact of each grant, as well as each inmate’s individual health status and the suitability of their post-release plans, including housing.” Thus far nearly all of those granted commutations were convicted of violent crimes. How Can I Get Early Release?

Sentence commutations and early release dates are being achieved using complex measures. It is critical to file the necessary petitions with the correct parties and carefully monitor these filings. In particular nonviolent crimes and inmates with upcoming release dates can petition for early release. Violent crimes and individuals with vulnerable health conditions may pursue sentence commutations.

The California Department of Corrections and Rehabilitation can be challenging to navigate at any time. More so now that employee restrictions and facility reorganizations can lead to confusion and delays. It is of the utmost importance to assess each case’s factors individually and make a clear plan.

What Do I Do Now?

If you or a relative or friend is currently in custody serving a sentence or awaiting sentencing to a California State Prison or County Jail Facility, you may be eligible for relief. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience researching, strategizing, and preparing filings. Remember, an early release can also provide life-saving if the inmate is high-risk for health issues. Contact us now for a Free Consultation.

On November 4, 2014 California voters passed Proposition 47, known as the Criminal Sentences, Misdemeanor Penalties, Initiative Statute. This referendum – also called the Safe Neighborhoods and School Act – recategorized some nonviolent offenses as misdemeanors rather than felonies. These offenses included crimes of theft, fraud, and drug possession.

The objective of Prop 47 was to reduce overcrowding in the state’s prison system and provide an opportunity for nonviolent offenders to obtain release and rehabilitation services. Monies saved as a result of Prop 47 would be allocated toward education and dropout prevention, mental health treatment, and drug abuse programs. All meant to keep offenders out of the prison system.

What Does Prop 47 Mean For Existing Sentences?

Prop 47 affects both future convictions and retroactively covers offenses already sentenced. A petition for resentencing would be necessary and previous felony offenses (or wobblers) would be reduced to misdemeanors and resentenced. This reduction of the punishment for the crime is referred to as a commutation or commuted sentence.

Prop 47 has already reduced California’s state prison population by tens of thousands. In the first year alone since passing 4,700 offenders were resentenced and released.

The original deadline for petitions to resentence under Prop 47 was November 4, 2017; however, due to the number of petitions made and eligible sentences, Governor Jerry Brown extended the deadline to November 4, 2022.

What Will Happen To My Conviction And Sentence?

Appealing your sentence under Prop 47 can be done by those currently serving a sentence as well as those who have completed their sentence. The process begins by filing a petition to modify the sentence (resentencing). The Judge will determine whether the conviction would have been a misdemeanor under Prop 47, grant the petition for resentencing by changing the conviction to a misdemeanor, and (if you are still serving a sentence) make an immediate reduction to your sentence. Typically resulting in release from incarceration.

For those who have already completed their sentence, the reduction from a felony to a misdemeanor can restore your rights to serve on a jury or the armed forces, improve your employment opportunities (given that you no longer have to disclose you have been convicted of a felony), and allow you to pursue professional licensure (such as insurance or real estate). Overall, the reduction of the offense from a felony to a misdemeanor means a better quality of life and future outlook.

What Do I Do Now?

If you or a relative or friend is currently in custody or served a sentence for a felony offense including theft, grand theft, grand theft auto, grand theft firearm, receiving stolen property, forgery, fraud, possession of a controlled substance, you may be eligible for relief. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience researching and preparing petitions under Prop 47. Remember, not only is the relief immediate on a commuted sentence but the impact on your future from seeing the felony reduced is significant. Contact us now for a Free Consultation.

When the imprisonment is the result of a federal conviction, the only person who may commute the sentence is the President.

In addition to a reduced prison term, a commutation of sentence may also result in court-ordered fines being reduced.

A commutation of sentence does not restore civil rights lost due to a conviction as a pardon does, and does not forgive the defendant or eliminate a criminal record. Basically, a commutation of sentence is a reward for good behavior, however there have been occasions on which a defendant’s sentence was commuted because the sentence ordered by the court was considered unreasonably harsh, or a prisoner was not given credit for the time he/she had served by an unreasonable judge.

Other than sentences given for criminal offenses related to treason or impeachment, nearly any sentence may be commuted. In some cases, even those found guilty of murder and sentenced to death may have the sentence commuted, although the actual prison time will not be affected as it may only be commuted to a life without the possibility of parole sentence.

The laws vary from state to state, and there are cases in which a commutation of sentence is violated. For instance, here is a story about a woman who was serving a life sentence for a long list of drug crimes and who was granted a commutation of sentence by President Obama. The woman, a Texas grandmother, is now heading back to prison.

If you have questions regarding commutation of sentence, contact our Los Angeles criminal defense attorneys who will provide legal guidance and support.