Voters Send A Message With Proposition 47

With the passage of Proposition 47, now known officially as California Penal Code § 1170.18, California voters have decided that certain drug and property crimes should be resentenced as  misdemeanors  instead of felony offenses .  Personally and professionally, I believe Prop 47 represents a seismic shift in how we treat drug addicts for three main reasons.  

 First, it is retroactive, meaning if someone has a prior felony conviction for simple possession or certain  property crimes he or she may be able to petition the court to have that conviction reduced to a misdemeanor.  That's Huge!  That means that for the millions of people who can't get a job because they have to check the box that asks "Have you ever been convicted of a felony" they  may finally be able to mark "No."

The second reason I think Prop 47 is a good law is that it finally starts to deal with drug addiction as an illness, not a crime.  In my experience with clients who are addicted to drugs and alcohol I've seen the illness first-hand.  I know it's not a matter of willpower, addicts are powerless against the substance, whatever it is. People will do whatever they need to do to get the substance their brain craves, and many times that includes stealing or property crimes. This logic is why Prop 47 allows for resentencing of some property crimes as well as simple possession.  This law will allow those who are battling addiction to move on with their lives instead of incarcerating them.

Finally this law will stop the over-crowding of our state's prisons with non-violent offenders.  There are exceptions for who is eligible for sentence reduction built into Prop 47 to keep the violent offenders off the streets while releasing those who need treatment.

If you have been convicted of felony drug possession or a property crime resulting in under $950 of damage, call defense attorney Patrick Kingsley for a free phone consultation and find out of your prior conviction is eligible   for a( Proposition47) reduction to a misdemeanor or expungment.