If one of your loved ones is incarcerated in California under the three strikes laws you may have heard that some inmates may have a chance at reducing their sentence. You may have questions about the process and how you can get started. there is some good news!
The California Legislature has found that the purpose of the 3-strikes law was not resulting from the longer sentencing terms, and in response has voted to create many new laws to reduce those sentences under what is known as Recall and Resentence, which began in 2018.
Previously judges had no choice and were mandated to add certain enhancements to a sentence based on whether there were prior felony convictions.
The good news is that if your family member was sentenced under these unfair and unjust laws they may be eligible to have their sentence recalled and resentenced, reducing the time they have to serve.
The only catch is that only a small group of people can make the request for recall and resentence. Under the new laws the Secretary of the California Department of Corrections and Rehabilitation (CDCR), the District Attorney in the county where convicted, the Board of Parole Hearings, and the County Administrator or Sheriff’s office if the defendant is in the county jail can issue a recall request.
At this point it is only a request to resentence because recall and resentencing actions are discretionary, subject to the judge’s decision based on the circumstances of each individual case.
Because each person and the facts of each case is different, the unique circumstances of each are taken into consideration by the court when resentencing. Circumstances like childhood trauma, or participation in the diverse rehabilitative programs offered while incarcerated are now considered..
If you or your loved ones have any questions reach out for assistance with the process of gathering the necessary information and creating a resentencing packet. This packet will be submitted to the court. The judge will use this information in the process of resentencing.
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