The Supreme Court of the State of California recently issued a ruling that impacted a Prop 47 drug possession case. The ruling is good news for some people with sentence enhancements that may have extended their original sentences.
The Court considered a set of similar cases, one of which originated in Los Angeles County. In one case, a man pleaded guilty to felony drug possession. The judge released him on his own recognizance to complete a drug treatment program. Shortly after his release, police arrested him for shoplifting. A court convicted the man of several counts, including second-degree robbery. The judge sentenced him to an additional two years on a sentence enhancement for committing a crime while on release.
The man successfully petitioned to have his drug conviction reduced to a misdemeanor under Proposition 47. He then asked the court to strike the sentence enhancement associated with his narcotics possession conviction. The trial court disagreed, but an appeals court struck down the enhancement. The Supreme Court recently upheld the appellate court decision. This allows people seeking relief under Proposition 47 to receive additional relief from the effects of related sentence enhancements.
Los Angeles Drug Possession Lawyer
Proposition 47 gives you the opportunity to reduce some prior felony convictions to a lesser misdemeanor. The recent Supreme Court decision also means you may also be able to get sentencing relief in some circumstances. When you’re dealing with a Proposition 47 case, hire an experienced criminal defense attorney like Robert Helfend. Mr. Helfend has more than 30 years of experience in courtroom criminal defense. He takes cases in Los Angeles County and throughout Southern California.
Sentence enhancements can add years to a prison sentence in California. Common sense says that if a criminal conviction is reduced from a felony to a misdemeanor, reduced sentences should follow. Unfortunately, many people in California have had to “re-fight” their cases in court, seeking relief that Prop 47 should provide.
When you face a situation like this, your best strategy is to hire an aggressive criminal defense attorney who understands the law and will fight aggressively for your rights.
Contact Robert Helfend or call toll-free at (800) 834-6434, (310) 456-3317, (818) 591-2809 or (805) 273-5611 for an immediate consultation on your Los Angeles County drug possession case.
Photo Credit: Shawn, via Flickr.com