On November 4, 2014, Proposition 47 passed, allowing for certain crimes to be charged as misdemeanors rather than felonies. Over 1000 petitions in San Diego alone have already been filed for past convictions, in order for them to be reduced. The biggest issues now, are what priority the Court is giving to these petitions and how these petitions are being handled?
First, it is important to know what charges fall within the parameters of Prop 47. The following is a list of the crimes Prop 47 is intended to cover:
- Shoplifting where the value does not exceed $950.00
- Grand theft where the value does not exceed $950.00
- Receipt of stolen property where the value does not exceed $950.00
- Forgery, where the value of the forged check, bond or draft does not exceed $950.00
- Fraud where the value of the fraudulent check does not exceed $950.00
- Possession of illegal drugs for personal use.
Given the amount of petitions the Courts are receiving for these cases, they are trying to figure out the best way to handle these cases. As of now, priority is given to people currently in custody. Next are people who are currently on probation or serving some sort of alternate sentence. Last, are the people with criminal cases that are completely over.
For cases in the prejudgment stage, meaning the case is still pending, the District Attorney’s office is filing amended complaints for those charges which qualify under Proposition 47 to be reduced. This means that individuals are basically recharged with misdemeanors rather than felonies.
It is important to note however that a person’s criminal history will still play a vital role in determining whether or not to reduce the charge or conviction from a felony to a misdemeanor. People with convictions for serious, or violent crimes may not qualify for relief under Proposition 47.
Proposition 47 is a big deal for people trying to better their own lives. Many people have made mistakes in their past, that are still haunting them today because of the fact that they are considered a felon. Proposition 47 allows for those people who have turned their lives around to drop that stigma and move on with their lives.
If you, or someone you know, is curious as to whether or not relief under Proposition 47 is available, call Nasseri Legal now and set up a FREE and CONFIDENTIAL consultation. (619) 610-9595. Let Nasseri Legal help turn your life around!