Resentencing for Defendants Due to New Policies by LA District Attorney
New Polices Offer Potential Resentencing Of Defendants Who Accepted a Plea Deal with LA District Attorneys’ Office
The new Los Angeles District Attorney George Gascon has announced sweeping reforms that include a new resentencing policy meaning there are many defendants eligible for a reduced sentence or an immediate release from custody. Defendants who took a plea deal from DA’s office may be eligible for reduced sentence, while those who were convicted at trial are not.
On December 7, 2020, he released Special Directive 20-14 stating:
- “California prisons are filled with human beings charged, convicted and sentenced under prior District Attorneys’ policies. Effective today, District Attorney George Gascon has adopted new charging and sentencing policies. Justice demands that the thousands of people currently serving prison terms imposed in Los Angeles County under outdated policies are entitled to the benefit of these new policies.”
Defendants who were previously convicted of a crime in Los Angeles County can now petition the court for a reduced sentence or to get released from custody immediately.
To give readers a better understanding of the new directives put in place by the new District Attorney, our Los Angeles criminal defense lawyers are providing an overview below.
Changes to Bail in Los Angeles County
Also, due to the policy changes, anyone who is currently being held on bail might be able to get released on their own recognizance (OR release) immediately.
A defendant should contact their criminal defense lawyer if they are in custody on bail for:
- a misdemeanor crime, or
- for a non-serious or non-violent felony
They can schedule a court hearing to ask the judge to get defendant released O.R. right away.
The new pretrial polices (Special Directive 20-06) are designed to keep people out of jail and to focus on rehabilitation rather than jail.
Eligibility for Resentencing in Los Angeles
There are now many defendants who are eligible to get their sentences reduced, including those who received a sentencing enhancement for:
- criminal street gang enhancement;
- use of a weapon enhancement;
- strike under California’s three strikes law;
- prior prison enhancement;
- out on bail enhancement.
Also, any defendant who was sentenced in August 2020 or later are certainly eligible for a sentencing reduction for the above listed issues and prosecutors can’t even oppose the new sentencing.
Any defendant who was sentenced before this date can still have an opportunity to get a reduced sentence under the new policy.
Probation for Felony Cases
The new Los Angeles County District Attorney will also instruct his prosecutors that if somebody is charged with a felony crime, it will be presumed they should get probation instead of prison.
The new policy means defendants who might usually be facing prison for a felony charge, now have the opportunity to get probation.
Call Now To See If You Are Eligible For Resentencing
If you are seeking resentencing based on the LA District Attorneys new directives, then contact our experienced team of Los Angeles criminal defense lawyers to review the details.
We can help your with resentencing, issues related to getting immediately released own recognizance, and any other matters related to the new policies.
Cron, Israels & Stark is a criminal defense law firm representing clients throughout Southern California courthouses, including Los Angeles County, Orange County, Ventura County, Riverside, and San Bernardino.
We are located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We also have an office at 401 Wilshire Blvd #1200, Santa Monica, CA 90401.
Contact our office for a free case evaluation at (424) 372-3112.