OK..DID THIS HAPPEN TO YOU?
Probably not a small Misdemeanor.
Well-- on the other hand, it depends on who did what, and who said what to whom....
perhaps warrant was bad, informant was completely bogus, someone tampered with evidence and the forensics show the computer was hacked, but then the data was changed? And that's after they seized it?
What CA Proposition 47 does
https://www.aclunc.org/issue/criminal-justice-and-drug-policy
Proposition 47 mandates a misdemeanor sentence instead of a felony one (at least a year in jail) for most drug and theft-related crimes. (Click here for a link to the Secretary of State’s summary.)
The offenses now reduced to misdemeanors include: shoplifting; check forgery for less than $950; grand theft of any form for less than $950; receiving stolen property for the same amount; and possession of GHB (a “date rape” drug), heroin, concentrated cannabis, methamphetamine, ecstasy, cocaine and other drugs previously considered felonies. (Notice that possession for sale is not mentioned.)
One law enforcement official said the broad nature of the law poses numerous as-yet unanswered questions for officers and deputies on patrol, as far as charging for an arrested suspect.
Under the new law, for example, someone caught in a car reported stolen could technically be eligible for a misdemeanor if the car is $950 or less in value. A gun of less than $950 in value would fall under the same provision, according to a legal expert.
In addition to new prosecutions, those formerly convicted of drug possession charges who were sentenced as felons can petition to have their sentences reduced.
This means that unless prosecutors can prove a defendant poses a serious risk to be a repeat offender (essentially, if he or she has a history of violent crime), the courts are being compelled to resentence the criminal as a misdemeanor offender — a move expected to free up to 10,000 felons between the county and the state jail and prison systems.
That move could save hundreds of millions of dollars in incarceration costs, according to supporters.
“(Jail) doesn’t treat the problem, but it does a couple things,” according to one officer. “It causes the addict to abstain so they may have a chance of breaking their addiction. While the person’s in prison they don’t have an opportunity to steal from folks on the street. The only real way that rehab will work is if the addict wants help.”
Pros and cons of Prop 47With Proposition 47, voters made California the first state in the nation to turn all drug possession charges from a potential felony to a misdemeanor, prompting different reactions from law enforcement and drug treatment experts.
Just exactly what the outcome will be is uncertain, but it’s expected to have a watershed effect on the courts, the jails and in the streets.
Those in support of lessening drug possession penalties argue jail and prison don’t really correct the problems associated with substance abuse and addiction.
“Of course, there are certain things that people should go to jail for when it comes to violence or dealing heroin,” said Cary Quashen, founder of Action Family Counseling, which regularly treats Santa Clarita Valley residents looking for help with addiction problems.
“Those people should be held accountable, for sure,” he said. “For people that are addicted to drugs, it’s a disease. We know it’s a disease of the brain, and we need to treat it as though it’s a disease.”
Critics of Proposition 47 point out the law threatens to take away the incentive or threat many need in order to get the help with their addiction, i.e. jail time.
“Most of the addicts fight going through counseling programs and drug rehabilitation programs, and the last resort is the threat of a felony prosecution,” according to a law enforcement official who spoke on the condition of anonymity. “And that’s the biggest thing — without the threat of felony prosecution, there is very little impetus for the addict to agree to go into a drug rehabilitation program.”
Next step for law enforcement, courts and incarceration“The passage of Proposition 47 is a historic moment in California,” said Lenore Anderson, executive director for Californians for Safe Neighborhoods and Schools, who chaired the Yes on 47 committee. “California has gone from a state epitomizing our country’s over-reliance on incarceration to now leading the nation in advancing smart justice. It is a true breakthrough.”
The response from Los Angeles County District Attorney Jackie Lacey was decidedly more measured.
In a front-page L.A. Times story, Lacey criticized the law for not mandating treatment and rehabilitation as a component for drug offenders in sentencing.
“Our office has fully implemented Proposition 47,” she said Thursday in a statement. “We are filing new cases as misdemeanors rather than felonies. We also are actively working to ensure that eligible in-custody defendants are promptly brought before the court to determine if charges should be reduced under the new law.”
Supporters claim the vote means “Californians don’t want to waste any more costly prison space on non-violent, non-serious offenses… on ineffective policies.”
However, a concern about Prop 47 brought forth by law enforcement officials at the state and regional level is the expected burden placed on the courts and prisons, which, in the long term, could see the anticipated reduction in costs.
At the Santa Clarita courthouse in Valencia, for example, the system is setup now to only handle misdemeanors, with all felony charges being handled by San Fernando. Now all of those drug and theft prosecutions are the responsibility of the local courthouse on Valencia Boulevard.
The law instantly made about 4,770 state prison inmates eligible for a petition to seek release, according toTerry Thornton, spokeswoman for the California Department of Corrections and Rehabilitation, which runs the state prison system.
The determination for those inmates’ eligibility is ultimately up to the courts, she said, noting the CDCR takes no official stance on Prop 47. But that determination is made through the cooperation of several agencies.
Probably not a small Misdemeanor.
Well-- on the other hand, it depends on who did what, and who said what to whom....
perhaps warrant was bad, informant was completely bogus, someone tampered with evidence and the forensics show the computer was hacked, but then the data was changed? And that's after they seized it?
What CA Proposition 47 does
https://www.aclunc.org/issue/criminal-justice-and-drug-policy
Proposition 47 mandates a misdemeanor sentence instead of a felony one (at least a year in jail) for most drug and theft-related crimes. (Click here for a link to the Secretary of State’s summary.)
The offenses now reduced to misdemeanors include: shoplifting; check forgery for less than $950; grand theft of any form for less than $950; receiving stolen property for the same amount; and possession of GHB (a “date rape” drug), heroin, concentrated cannabis, methamphetamine, ecstasy, cocaine and other drugs previously considered felonies. (Notice that possession for sale is not mentioned.)
One law enforcement official said the broad nature of the law poses numerous as-yet unanswered questions for officers and deputies on patrol, as far as charging for an arrested suspect.
Under the new law, for example, someone caught in a car reported stolen could technically be eligible for a misdemeanor if the car is $950 or less in value. A gun of less than $950 in value would fall under the same provision, according to a legal expert.
In addition to new prosecutions, those formerly convicted of drug possession charges who were sentenced as felons can petition to have their sentences reduced.
This means that unless prosecutors can prove a defendant poses a serious risk to be a repeat offender (essentially, if he or she has a history of violent crime), the courts are being compelled to resentence the criminal as a misdemeanor offender — a move expected to free up to 10,000 felons between the county and the state jail and prison systems.
That move could save hundreds of millions of dollars in incarceration costs, according to supporters.
“(Jail) doesn’t treat the problem, but it does a couple things,” according to one officer. “It causes the addict to abstain so they may have a chance of breaking their addiction. While the person’s in prison they don’t have an opportunity to steal from folks on the street. The only real way that rehab will work is if the addict wants help.”
Pros and cons of Prop 47With Proposition 47, voters made California the first state in the nation to turn all drug possession charges from a potential felony to a misdemeanor, prompting different reactions from law enforcement and drug treatment experts.
Just exactly what the outcome will be is uncertain, but it’s expected to have a watershed effect on the courts, the jails and in the streets.
Those in support of lessening drug possession penalties argue jail and prison don’t really correct the problems associated with substance abuse and addiction.
“Of course, there are certain things that people should go to jail for when it comes to violence or dealing heroin,” said Cary Quashen, founder of Action Family Counseling, which regularly treats Santa Clarita Valley residents looking for help with addiction problems.
“Those people should be held accountable, for sure,” he said. “For people that are addicted to drugs, it’s a disease. We know it’s a disease of the brain, and we need to treat it as though it’s a disease.”
Critics of Proposition 47 point out the law threatens to take away the incentive or threat many need in order to get the help with their addiction, i.e. jail time.
“Most of the addicts fight going through counseling programs and drug rehabilitation programs, and the last resort is the threat of a felony prosecution,” according to a law enforcement official who spoke on the condition of anonymity. “And that’s the biggest thing — without the threat of felony prosecution, there is very little impetus for the addict to agree to go into a drug rehabilitation program.”
Next step for law enforcement, courts and incarceration“The passage of Proposition 47 is a historic moment in California,” said Lenore Anderson, executive director for Californians for Safe Neighborhoods and Schools, who chaired the Yes on 47 committee. “California has gone from a state epitomizing our country’s over-reliance on incarceration to now leading the nation in advancing smart justice. It is a true breakthrough.”
The response from Los Angeles County District Attorney Jackie Lacey was decidedly more measured.
In a front-page L.A. Times story, Lacey criticized the law for not mandating treatment and rehabilitation as a component for drug offenders in sentencing.
“Our office has fully implemented Proposition 47,” she said Thursday in a statement. “We are filing new cases as misdemeanors rather than felonies. We also are actively working to ensure that eligible in-custody defendants are promptly brought before the court to determine if charges should be reduced under the new law.”
Supporters claim the vote means “Californians don’t want to waste any more costly prison space on non-violent, non-serious offenses… on ineffective policies.”
However, a concern about Prop 47 brought forth by law enforcement officials at the state and regional level is the expected burden placed on the courts and prisons, which, in the long term, could see the anticipated reduction in costs.
At the Santa Clarita courthouse in Valencia, for example, the system is setup now to only handle misdemeanors, with all felony charges being handled by San Fernando. Now all of those drug and theft prosecutions are the responsibility of the local courthouse on Valencia Boulevard.
The law instantly made about 4,770 state prison inmates eligible for a petition to seek release, according toTerry Thornton, spokeswoman for the California Department of Corrections and Rehabilitation, which runs the state prison system.
The determination for those inmates’ eligibility is ultimately up to the courts, she said, noting the CDCR takes no official stance on Prop 47. But that determination is made through the cooperation of several agencies.
