Appeal

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

October 21, 2020 | by The Justice Firm

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.

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FELONY MURDER RULE RELIEF (SB 1437)

May 22, 2020 | by The Justice Firm

FELONY MURDER RULE RELIEF (SB 1437)

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.

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

March 26, 2020 | by The Justice Firm

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.

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