Showing posts with label retroactive sentence reduction. Show all posts
Showing posts with label retroactive sentence reduction. Show all posts

Monday, October 20, 2014

Criminal Lawyers in California Support Prop 47

Criminal lawyers in California widely support Proposition 47 because it simply makes sense in light of research gathered from other states successful at reducing crime and mental health research related to drug addiction.

New York is widely recognized for very significant dramatic reductions in both crime and prison populations. Many states across the U.S. using alternative strategies to incarceration in fighting crime  have also experienced reduced crime levels and number of prisoners.

California's Proposition 47 also reflects the executive agenda of the federal government in being smarter on crime. The federal and local governments across the U.S. are starting to implement new policies for low level drug offenders who need drug and mental health treatment. Politicians are noting that prisons may not serve to solve underlying problems of offenders; prisons may actually exacerbate those problems and even harden them into becoming a risk.

Drug treatment  professionals know that if the underlying problem(s) causing addiction are not successfully treated it is very likely the condition and self control of an addict will spiral downwards.

Criminal lawyers and professionals working in drug rehabilitation centers have known for years that an addiction to illegal drugs often goes hand in hand with petty and non-violent offenses, such as theft.

Criminal lawyers from LibertyBell Law Group advise that California Prop 47 is smarter, cheaper and a commonsense justice policy. The lawyers say that sending someone to a drug treatment center may save lives, heighten public safety, and is a more humane and compassionate method to deal with those in unfortunate circumstances.

On November 1, 2014, a similar measure in federal law called Amendment 782 (a.k.a. "Drugs Minus Two") will allow the early release of federal inmates convicted of drug crimes for those who qualify. Though, each prisoner must be reviewed by a judge before approval. Among the many factors considered are the criminal history and conduct in prison.

If Proposition 47 passes, California will follow suit by having each pre-qualified prisoner evaluated by a judge for retroactive sentence reduction. The criminal history and risk assessment will be thoroughly reviewed on in deciding if the inmate poses a danger to public safety. If the judge decides the inmate does not pose a risk to public safety, the inmate will be retroactively sentenced for an early release from prison.

Proposition 47 reduces particular crimes from felonies to misdemeanors where the value involved in the crime does not exceed $950. Drug possession would be reduced to a misdemeanor and the individual would receive much needed drug treatment, and possibly other social services, instead of prison time.

Prop 47 crimes reduced to misdemeanors:

  • Shoplifting
  • Grand theft
  • Receiving stolen property
  • Forgery
  • Fraud
  • Writing a bad check
  • Personal use of most illegal drugs
If you or a loved one has been convicted of a drug offense, find out the types of post-conviction relief and retroactive sentencing reduction that are available for an early release from prison and speak to a top criminal lawyer now, call 855-LAW-PRO1 (855-529-7761).

Thursday, September 18, 2014

Drugs Minus Two or Amendment 782 Retroactive Sentencing Reduction

Very recently, the U.S. Sentencing Commission created Amendment 782, a.k.a. "Drugs Minus Two," to reduce the guidelines for all controlled substances (drug offenses), by two levels. This amendment will affect all drug offenses except base levels 38 and 6, which are the very maximum and minimum federal drug offense quantities respectively. If Congress does not overrule the amendment, it will go into effect November 1, 2014. There is general consensus that Congress is in favor of it.

Even though the "Drugs Minus Two" retroactivity is expected to go in effect on November 1, 2014, no prisoners will be released before November 1, 2015. The U.S. Sentencing Commission estimates that over 46,000 prisoners are eligible for retroactive reduction in sentences for drug offenses.

In order for a prisoner to be considered eligible for "Drugs  Minus Two" and get a sentence reduction, a judge must carefully examine each prisoner's case and conduct in prison. A judge will only consider if a prisoner is eligible for a "Drugs Minus Two" retroactive sentence reduction if a motion is filed by the prisoner's lawyer.

It is important to note that courts will evaluate and prioritize cases based on the current release date of the prisoners. In other words, the quantity of drugs or other mitigating factors will not be considered in who's case will be combed through first. The release date is of the upmost importance because the government would like to release prisoners affected by Amendment 782 and get them started  on community reentry programs as soon as possible. Community reentry services are  required to assure the success of the persons released back into society so they can get necessary support services and a new start on life.

If you are a prisoner or have a loved one sentenced for a federal drug offense and would like a "Drugs Minus Two" sentence reduction approved by a judge, speak to a lawyer now and call 855-LAW-PRO1 (855-529-7761).

LibertyBell Law Group's lawyers are experienced in successful post-conviction motions and related matters. Simply put, our lawyers know what judges want to see and in what manner they want it presented, which is also very important. Know that having a top lawyer gather the necessary paperwork that is only available and released to board certified lawyers and who has the experience necessary to present you to the judge in the best manner makes all the difference in the world in getting an Amendment 782 retroactive sentence reduction and consequently being released early from prison.

In order to be considered for "Drugs Minus Two" retroactive sentencing as early as possible it is imperative to hire a lawyer immediately so that the motion can be filed on the very first day that Amendment 782 goes into effect, which is November 1, 2014. Hiring a lawyer immediately is important because the lawyer needs to conduct an investigation, get paperwork from the Bureau of Prisons, and write a successful motion which takes time. Keep in mind that getting paperwork from government agencies is time consuming, and it can be hard-pressed getting paperwork from the Bureau of Prisons. You need the most aggressive attorneys, such as the lawyers from LibertyBell Law Group, to get a winning sentence reduction done as soon as possible.