How Prop 36 Could Change Plea Bargaining in 2025

Under California Proposition 36, many changes are already being implemented in California’s courts. Among other modifications, there will be updates to the types of plea bargains people receive for certain cases. With many misdemeanor theft and shoplifting cases turning into felonies, the resulting plea bargains may have longer sentences than before. To learn more about what to expect, read on.

Enacted on December 18, 2024, Proposition 36 is a new law in California that involves harsher penalties for shoplifting, theft, and drug crimes. After years of headlines about smash-and-grab robberies and shoplifting rings, California has decided to take a harsher stance against these types of crimes.

For instance, one major Proposition 36 impact involves petty theft. Before, some people would try to keep each incident of theft below $950 so that it wouldn’t count as a felony. Now, the judge can add multiple offenses together to get $950, so felonies are going to be more common. Similarly, fentanyl has been added to the current list of hard drugs that get added prison time if you possess the drugs and a firearm at the same time.

Plea bargaining is when the defendant or their attorney negotiates with the prosecutor to reach an alternative solution for the case. Typically, this involves a lighter sentence or a lesser charge.

For the defendant, this reduces the risks of going to trial and may help them to avoid the harshest possible penalty. Meanwhile, plea bargaining saves the prosecutor time and is a way for the prosecutor to ensure that the defendant doesn’t simply get off on all of the charges. For both of these reasons, plea bargains are an incredibly common resolution process for cases in the United States.

With harsher sentences, there is a strong incentive for defendants to accept the plea bargain they are given. If they go to trial for petty theft, they are no longer risking a simple misdemeanor. Instead, the defendant could end up getting a felony charge and a much longer sentence. Prop California Proposition 36 specifically adds enhancements if there are three or more people involved in theft or shoplifting, making longer sentences more likely.

For prosecutors, these changes may make plea bargaining easier. They can offer a harsher sentence, knowing that the alternative is a felony charge and more years in prison.

One exception to this general rule is treatment-mandated felonies. This specific sentence is designed for people who have received their third drug offense. As long as the third offense isn’t violent or sexual in nature, the individual can be sent to drug treatment centers or mental health treatment instead of going to prison.

If you are able to successfully complete your treatment, the felony can be wiped from your record. However, failing to complete the program will result in three years in prison and the charges will be reinstated.

Whether you plan on getting a plea bargain or want to pursue a treatment-mandated felony, you should consult with your attorney about your immigration status first. Any felony conviction can lead to your expulsion from this county. More importantly, you can get deported if you admit guilt through a plea bargain or any other admissions, so you must exercise caution in how you agree to plea bargains and drug treatment programs.

With so many new California laws, it can be challenging to figure out the best way to deal with your case. Our team of experienced lawyers has spent years working in Orange County’s criminal justice system. Even with the changes from California Proposition 36, we know what it takes to achieve a good outcome from a plea bargain.

To learn more about how we can help your case, give us a call today.