Articles Posted in Commutation

What’s Commutation – Eligibility and Benefits For the past few decades, California has been known for its tough-on-crime policies and its extremely harsh sentences. Fortunately, the California Constitution gives an individual the right to seek a commutation of sentence. Commutation is a form of clemency that the governor has the authority to grant and is…

LET’S TALK CRIMINAL GUN ENHANCEMENTS (AB1509) Under California gun laws, a sentence for a felony case can be “enhanced” if a gun was possessed or used during the commission of a crime. These laws can extend sentences well beyond the maximum punishment for the principal crime itself. If there are multiple enhancements or more than…

LA DA GEORGE GASCON CONTINUES TO MAKE WAVES WITH PAROLE CHANGES Since being sworn in as Los Angeles County District Attorney in December 2020, George Gascon has hardly been out of the headlines. From eliminating sentence enhancements for hate crimes and dismissing gang enhancements to removing firearm allegations and continuing to push for resentencing and…

NEW LA COUNTY DA PROMOTING SWEEPING CHANGES (GEORGE GASCON) On December 7, 2020, Los Angeles County District Attorney George Gascon was sworn in as the County’s 43rd District Attorney. Following his defeat of Jackie Lacey, a DA who had built a reputation for a “tough-on-crime” approach, Gascon went straight to work making changes to his…

Facts About Prop 57: “The Public Safety and Rehabilitation Act” of 2016 In November 2016, California voters overwhelmingly passed Proposition 57 (64% to 35%) to enhance public safety, stop the revolving door of crime by emphasizing rehabilitation, and prevent Federal Courts from releasing inmates. Under Prop 57, CDCR incentivizes inmates to take responsibility for their…

FELONY MURDER RULE RELIEF (SB 1437) On September 30, 2018, Governor Jerry Brown signed into law Senate Bill 1437. SB 1437 became known as the Felony Murder Rule effectively changing the rules for how California charges felony murders. Prior to SB 1437, California law allowed a defendant to be convicted of first-degree murder in the…

Governor Gavin Newsom and Inmate Releases Amid Covid-19 (Coronavirus) Since assuming office in January 2019, Governor Gavin Newsom has proven himself a firm proponent of broader criminal justice reforms. He has been supportive of bills to address prison overcrowding and rehabilitative/reentry measures for California prison inmates. Since the announcement of the California Major Disaster Declaration…

How Long Can I File A Petition To Resentence Under Prop 47? On November 4, 2014 California voters passed Proposition 47, known as the Criminal Sentences, Misdemeanor Penalties, Initiative Statute. This referendum – also called the Safe Neighborhoods and School Act – recategorized some nonviolent offenses as misdemeanors rather than felonies. These offenses included crimes…

Many people are curious about a commutation of sentence, and what it actually means. Basically, there is no impact on whether a defendant is guilty; it is simply a reduction in the sentence given a defendant by the governor of the state. A type of clemency, a state’s governor may reduce a defendant’s sentence, for…