Post Conviction Representation in Santa Barbara County, California
If you have a loved one in prison, do not lose hope. Over the past decade, California lawmakers have made changes to the law to address lengthy prison sentences and create a fairer and more equitable justice system. It is important to talk to an experienced attorney to determine if your loved one qualifies for an opportunity to have their sentence or even their conviction reviewed. Some of the available options can be time-sensitive, and it is important to seek relief before it is too late.
The Racial Justice Act
The Racial Justice Act for All Act extends justice to people who were incarcerated as a result of racial bias. It allows the court to completely vacate sentences if they were improperly influenced by race, ethnicity, or national origin.
Invalid Sentencing Enhancements
Senate Bill 483 mandates that the court strike sentencing enhancements that are now invalid. As part of this opportunity, incarcerated individuals have the right to ask the court to recall their entire sentence, apply all changes in the law that provide for more lenient sentences, and to consider new evidence in support of a reduced sentence. Even sentences that were imposed decades ago can be reviewed and the court can consider information that includes good behavior in prison, mental health issues, trauma, and other relevant factors that may not have been known or presented at the time they were originally sentenced.
Gang Enhancements
Gang enhancements have had devastating effects on individuals and families by significantly lengthening sentences. Recent changes to the law have made it more challenging for the prosecution to prove gang enhancements. In some situations, these changes are retroactive and can apply to people who have already been convicted and sentenced to prison, dramatically reducing the time they must serve.
Murder and Attempted Murder
There have been changes to the law of murder, attempted murder, and manslaughter to ensure that those who are merely accomplices and not actual perpetrators can return their cases to court and seek to have their conviction and sentence vacated. This can result in a new modified trial on homicide-related charges and requires an attorney with extensive homicide trial experience to effectively handle the complexity of these issues.
Recommendation for Recall of Sentence
The law allows for the District Attorney, the Department of Corrections, or the Attorney General to make a recommendation to reduce a person’s prison sentence in the interests of justice. However, an experienced criminal defense attorney can help you or your loved one navigate the system to work with those agencies and motivate them to make recommendations for a reduced sentence. This requires someone who has long relationships with the agencies that can make these decisions and someone who knows how to build a complete social history to help the decision-makers understand your background and rehabilitation.
Post-conviction issues can be time-sensitive and very complex. Anyone who qualifies for resentencing has the best chance for a reduced sentence by working with a respected and experienced attorney to assess their case and put them in the best possible position to take advantage of any and all relief that they are entitled to.