With decades of experience, Attorney Jay Jaffe is who you want on your side.
Los Angeles Three Strikes Law Attorney
Prop 36 Issues
Prop 36 was approved on November 6, 2012. The proposition declares that those convicted of non-violent drug possession crimes may serve their punishment through probation and completion of drug rehabilitation, without having to serve a prison sentence. More than 60% of Californians voted in favor of the measure, which may prove to counter the effects of the “Three Strikes Law.”
Prop 36 is limited to qualifying individuals, and the following are not eligible:
- Those been incarcerated within 5 years for another violent felony
- Those convicted during the same trial for a misdemeanor or felony, not involving drugs
- Those who used a weapon during the crime
- Those who refuse to attend the drug rehabilitation program
- Those who have two different drug crime convictions and have received relief under 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 no longer be eligible and could face a 30-day jail sentence)
Under California’s Three Strikes Law, those convicted of a third criminal offense would receive harsher punishments, and enhanced prison sentences. This means that anyone convicted of a non-violent 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.
Can My Sentence Be Reduced?
In 1994, when California’s Three Strikes Law went into effect, it provided that a person convicted of a felony, who had a prior serious felony conviction would receive double their prison sentence. If they were convicted of a third felony crime, they could face up to 25 years of incarceration, even for a minor offense.
California’s prisons are overcrowded, and the population consists primarily of people convicted of misdemeanors, petty crimes, and non-violent offenses. Prop 36 seeks to counteract the effects of the Three Strikes Law and reduce the number of people in or sent to prison. Since the measure passed, defendants serving time are now able to petition for a reduced sentence.
How Can I Increase My Chances of Appeal?
When presenting your case before the judge, you 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.
If you are seeking to appeal your sentencing, the first thing to do is contact a knowledgeable Los Angeles criminal defense lawyer. When you turn to my firm for effective representation, I, Attorney Jay Jaffe, will thoroughly review the details of your case to build a solid legal strategy.
By retaining my firm, Jay Jaffe Attorney at Law, you can benefit from the work of a Certified Criminal Law Specialist, granted by the California Board of Legal Specialization, who has over 40 years of experience. I have a reputation for providing aggressive defense, having a goal-oriented approach to litigation, and being 100% committed to individuals facing criminal charges.
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