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Am I Eligible for Resentencing in L.A. County?
If you have been convicted of a crime in L.A. County, then you will need to consult with a knowledgeable defense attorney to determine your eligibility for a lesser sentence or immediate release under the new directives. If you are eligible, your attorney can file a motion on your behalf with the court.
While you wait for the court to place the matter on the calendar, your attorney will reach out to the deputy district attorney about your case and present any mitigating evidence that proves you deserve early release under the new policies. Your attorney and the prosecutor will then discuss a proposal for resentencing and early release that needs to be approved by a judge.
The following defendants are now eligible for resentencing:
- Individuals with strikes under the state’s Three Strikes law
- Individuals with special circumstances allegations in life without parole cases
- Individual prosecuted under the STEP Act
- Proposition 8 cases
- Bail and release violations
- Five-year priors
- Three-year priors
What Are “Probationable Crimes”?
Moving forward, if a crime is probationable, the court will grant probation unless the D.A. demonstrates “extraordinary circumstances” that justify jail time. And if a crime is not probationable, the court will grant a sentence on the low end of the sentencing range unless the D.A. can show “extraordinary circumstances” that justify a higher sentence. Defendants sentenced on August 10, 2020, or later are eligible for a resentencing if their sentence involved any of the issues listed above, and prosecutors cannot oppose the new sentencing. Defendants sentenced before August 10, 2020, can still have their sentence reduced under the new directives.
Defendants Currently Held on Bail
Defendants who are currently in custody on bail for a misdemeanor or a non-serious, non-violent felony should immediately reach out to a seasoned criminal defense attorney so they can get you a court hearing to request immediate release under the new L.A. County District Attorney’s policy directive that eliminates cash bail.
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