Resentencing

L.A. County Criminal Defense Attorneys

Proudly Helping Clients Seek Resentencing

Beginning December 8, 2020, individuals with previous criminal convictions in Los Angeles County can petition the court for a reduced sentence or immediate release. Additionally, individuals currently being held on bail might be eligible to be released on their own recognizance right away. The new policy to keep more people out of jail and prison as possible was a major part of the sweeping reforms instituted by Los Angeles District Attorney George Gascon, whose election victory signals a dramatic county-wide shift to rehabilitate offenders instead of punishing them with prison sentences.

Am I Eligible for Resentencing in L.A. County?

If you have been convicted of a crime in L.A. County, then you will need to consult with a knowledgeable defense attorney to determine your eligibility for a lesser sentence or immediate release under the new directives. If you are eligible, your attorney can file a motion on your behalf with the court.

While you wait for the court to place the matter on the calendar, your attorney will reach out to the deputy district attorney about your case and present any mitigating evidence that proves you deserve early release under the new policies. Your attorney and the prosecutor will then discuss a proposal for resentencing and early release that needs to be approved by a judge.

The following defendants are now eligible for resentencing:

  • Individuals with strikes under the state’s Three Strikes law
  • Individuals with special circumstances allegations in life without parole cases
  • Individual prosecuted under the STEP Act
  • Proposition 8 cases
  • Bail and release violations
  • Five-year priors
  • Three-year priors

Probationable Crimes

Moving forward, if a crime is probationable, the court will grant probation unless the D.A. demonstrates “extraordinary circumstances” that justify jail time. And if a crime is not probationable, the court will grant a sentence on the low end of the sentencing range unless the D.A. can show “extraordinary circumstances” that justify a higher sentence. Defendants sentenced on August 10, 2020, or later are eligible for a resentencing if their sentence involved any of the issues listed above, and prosecutors cannot oppose the new sentencing. Defendants sentenced before August 10, 2020, can still have their sentence reduced under the new directives.

Defendants Currently Held on Bail

Defendants who are currently in custody on bail for a misdemeanor or a non-serious, non-violent felony should immediately reach out to a seasoned criminal defense attorney so they can get you a court hearing to request immediate release under the new L.A. County District Attorney’s policy directive that eliminates cash bail.

Schedule a Consultation with an L.A. County Resentencing Attorney Today

At Lessem, Newstat & Tooson, LLP, our experienced and efficient criminal defense lawyers understand the intricacies of navigating criminal court cases, which is why we are dedicated to working hard to represent our clients aggressively and relentlessly. Whether you are being investigated, incarcerated, or charged, our legal team has the extensive resources you need to present a strong case. Our top priority is defending the rights of the accused, so please don’t hesitate to call or visit our law firm today.

We are available 24/7 to provide top-notch legal counsel to our clients. Call (800) 462-7160 or contact us online to set up your consultation.

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