Articles Posted in Possession

NEW LA COUNTY DA PROMOTING SWEEPING CHANGES (GEORGE GASCON)

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.

Facts About Prop 57: “The Public Safety and Rehabilitation Act” of 2016

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. 

How Long Can I File A Petition To Resentence Under Prop 47?

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.

Just a couple of weeks ago, a U.S. CBP (Customs and Border Protection) officer who was a 25-year veteran was sentenced to more than 12 years behind bars in a federal prison after he was found guilty on several drug-related charges by a federal jury. According to reports, 52-year-old Manuel Porras Salas was convicted of one count each of conspiracy to distribute controlled substances, conspiracy to commit money laundering, and making false statements to law enforcement.

Salas worked at Los Angeles International Airport, and previously worked as a CBP officer at Ontario International and John Wayne airports. He was tried and sentenced after authorities say he was helping move illegal drugs from Southern California to Chicago, specifically marijuana, cocaine and heroin.

With drug laws changing frequently in California, it’s hard to know how serious the charges are and what the punishment may be when someone is convicted (found guilty). How serious the penalties are also depend on other factors such as prior criminal convictions of the accused.

While recreational marijuana use may have recently been made legal in California, drug offenses are still a problem in Los Angeles and across the state. Recently it was reported that Los Angeles County sheriff’s deputy Kenneth Collins was charged with operating a large-scale drug trafficking scheme along with three others who were arrested by FBI agents during a sting operation; he had been under investigation by agents for several months due to suspicions he was dealing in drugs.

Possession and sales of illicit drugs and narcotics is a huge problem in LA and surrounding areas. In fact, given the opioid epidemic it’s a growing problem across the nation. From oxycodone, fentanyl and cocaine to heroin, methamphetamine and other substances, people are finding themselves facing criminal charges that could result in punishment including a few months in jail to years or even decades behind prison bars depending on the person’s criminal history, type and amount of drug involved and other factors.

In December a Riverside couple was charged with three counts of possession of a controlled substance for sale and possession of drug paraphernalia after they were allegedly selling methamphetamine from their home and using a drone to deliver the illegal substance. News reports also stated unpackaged powders believed to contain fentanyl were discovered at the home.

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