How difficult is it to get criminal cases already sentenced to prison back in court to determine eligibility for prop 47?

Bankruptcy and Debt 2 views 5 answers
What is the process if one is certain that one or more of their cases now meet the criteria? Looking to get some time knocked off the original sentence currently being served

Attorney Answers

5
Eseigbe Omofoma ·
You need to file a petition with the court that had original jurisdiction over your case. You may want to hire a lawyer to help with this. Remember, only certain felonies are eligible for reduction to misdemeanors. See below: Shoplifting, i.e. Commercial Burglary of $950 or less of a Store during Business Hours (PC §459.5) Forgery of $950 or less (PC §470-476) Fraud/Bad Checks of $950 or less (PC §476a) Grand Theft of $950 or less (PC §487) Petty Theft/Shoplifting of $950 or less (PC §§484, 484/666) Possession of Methamphetamine (HS §11377) Possession of Controlled Substance (HS §11350) Possession of Concentrated Cannabis (HS §11357(a)) Receiving Stolen Property of $950 or less (PC §496)
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Jay Finnecy ·
Not very difficult. All you need to do is file a petition--although you cannot practice law without a license. The convicted felon needs to contact his prior attorney--likely the Public Defender's Office. They'll file the petition and in fact, may already have done so. Best wishes.
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Robert Marshall ·
It's pretty simple. The court or Public Defender office where the conviction occurred should have a petition form. If the inmate filed an appeal, the appellate attorney will probably help, too. I'd start by contacting the Public Defender's Office. Most are going through their old cases, trying to find clients who may be eligible for Prop 47 relief. Keep in mind that the petition must be signed by the defendant or his lawyer. Friends and family can't do it.
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Agavni TulekyanCriminal Defense AttorneyBeverly Hills, CACA licensed ·
A Prop 47 Petition will need to be filed but it's not something you can do on behalf of the individual. The Petition will need to be signed by the individual or the attorney who represented him/her so you should contact the attorney who represented the individual. Best of luck!
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Dmitry Gorin ·
It's not that difficult. A petition would need to be filed wit the court. Contact your original attorney or the public defenders office for information and assistance.
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