Post-Conviction Relief Under Prop 36: Who Qualifies and How to Apply

If you’re thinking about getting post-conviction relief, you should first figure out what type of relief you qualify for and which laws apply. With the help of a post-conviction attorney, you can determine the best way to file a motion for a new trial, get resentenced, or apply for other kinds of relief. Proposition 36 has added new laws and sentencing guidelines into the mix, making professional legal representation even more important if you want to get post-conviction relief.

Proposition 36 was recently enacted in December 2024. Under the new law, there were mammoth changes made to sentencing for drug and nonviolent offenses. In addition to lengthening many of these sentences, the court also created new measures, such as treatment-mandated felonies. With treatment-mandated felonies, individuals who are convicted of a third drug sentence can receive up to three years less in prison or jail in exchange for getting drug treatment.

Post-conviction relief applies to all of the different legal methods for challenging a conviction. While habeas corpus is one type of post-conviction relief, it is not the only one. Filing a writ of habeas corpus is an option of last resort in the legal system, so it’s generally used after all other avenues of appeal have been exhausted. For example, a defendant may push for their immediate release on the grounds of new evidence that raises a reasonable doubt, such as DNA evidence.

The following are examples of different types of post-conviction relief.

• Re-sentencing: To opt for this course of action, work with your criminal appeals law firm to file a request with the court for the sentence to be changed. For example, you could ask for your drug conviction to be changed to a treatment-mandated felony.
• Motion to withdraw a plea: A motion to withdraw a plea is when you ask the court to withdraw your plea. For instance, you may file this motion if you previously pled guilty without realizing what it meant.
• Motion for a new trial: These motions are rarely granted. They involve asking the court for a new trial after a conviction. For example, your post-conviction attorney may say that prosecutorial misconduct inhibited your right to a fair trial.
• Commutation: You can file for your conviction to be commuted by the governor of California. If you have more than two convictions, you’ll need to have the California Supreme Court approve your commutation.
• Early termination of probation: Under Penal Code 1203.3, you are allowed to file for the early termination of your probation.
• Expungement: After your probation is completed, you can file for expungement with the help of your post-conviction lawyer. If the court grants this request, your charges will be dismissed.

By searching for a post-conviction relief attorney near me, you can determine what kind of grounds you have for getting relief. This is especially important because of recent changes under Proposition 36. Many aspects of this law, such as the treatment-mandated felonies, are playing out differently in each county. Because of this, you need to have a local expert on hand to tell you what to expect from your case.

Handling post-conviction relief cases takes a unique skillset. Your attorney will be able to help you with some of the following steps.

• Legal evaluation: First, your post-conviction lawyer will determine if there are grounds for getting your conviction overturned or your sentence modified.
• Research precedents: Next, they will research precedents to figure out the best legal argument.
• Representation and advocacy: Then, the attorney will put their legal strategy into action by representing you in court. If they don’t win the case, they can take it to the appeals process.

Prop 36 is having a major impact on drug and nonviolence offenses in California. If you live in Orange County or the surrounding areas, a post-conviction attorney can help you review post-conviction relief grounds you may have under Proposition 36.

To schedule your legal consultation, give our team of talented attorneys a call.