Prop 36 Issues: Three Strikes Law

Counsel from a Knowledgeable Beverly Hills Criminal Defense Attorney

Prop 36 was established on November 6, 2012. This proposition declared that those who are convicted of non-violent drug possession crime, may serve their punishment through probation and completing a drug rehabilitation, without having to serve a prison sentence. More than 60% of Californians voted in favor of this measure, which may prove to counter the effects of the “Three Strikes Law.”

Prop 36 is limited to some individuals. The following individuals will not be eligible:

  1. Those who have been incarcerated within five years for another violent felony.
  2. Those who have been convicted during the same trial for a misdemeanor or felony, not involving drugs.
  3. Those who used a weapon during the crime.
  4. Those who refuse to attend the drug rehabilitation program
  5. Those who have two different drug crime convictions and have received relief from Prop 36. Should the courts find that the person in question refuses to comply or obey orders for drug counsel, rehabilitation, and treatment, he or she will not longer be eligible and could face a 30-day jail sentence.

Under California’s Three Strikes Law, those convicted of a third criminal conviction, would receive harsher punishments, and enhanced prison sentences. This means that anyone convicted of a nonviolent drug crime prior to Prop 36 under the Three Strikes Law could serve an enhanced prison sentence, among the many other punishments that accompany a drug crime conviction.

Contact our Beverly Hills criminal defense attorneys today to request your free case consultation!

Can My Sentence Be Reduced?

Under the Three Strikes Law, an individual who is convicted of a third felony crime could face as much as 25 years in prison, even for a minor offense. After the passing of Prop 36, defendants will now be able to petition for a reduced sentence. This is not only favorable for those who have been imprisoned. California’s prisons are overloaded. The population is primarily comprised of inmates who have been charged with misdemeanors, petty crimes, and non-violent crimes. In effect, Prop 36 seeks to counteract the effects of Prop 36.

How Can I Increase My Chances of Appeal?

First, Attorney Jay Jaffe, as your Beverly Hills criminal defense lawyers can review the details of your case. When I present your case before the judge, I must prove that you are not a threat to the safety of the general public, or an “unreasonable risk of danger to public safety.” While the standard to which this is measured is defined rather broadly, the outcome may be based solely on the judge’s decisions and evaluation of the case to determine your outcome.

By retaining my firm, Jay Jaffe A Professional Corporation, you can benefit from the work of aCertified Criminal Law Specialist, granted by the California Board of Legal Specialization, with over 40 years of experience. I have a reputation for providing aggressive defense, having a goal-oriented approach to litigation, and delivering 100% commitment and satisfaction to my clients.

I make myself available to take phone calls from my clients at all hours of the day. Reach out now and let us see how I can help.