The Impact of Proposition 36 on Retroactive Relief

Proposition 36 made major changes to how drugs and theft are prosecuted in the state of California. In many cases, the sentencing guidelines became more strict, with additional sentencing enhancements involved. However, there is one important exception to this rule.

Under Proposition 36, third-time offenders who commit nonviolent drug crimes can be charged with a treatment-mandated felony. Proposition 36 created the Health and Safety Code section 11395. If the defendant is charged with a treatment-mandated felony, they can be sent to an addiction rehab or mental health facility in lieu of three years of imprisonment.

This difference is particularly important for anyone who has been sentenced to 25 to life in prison under the Three Strikes Law. If your third crime would now be considered a treatment-mandated felony, you can talk to your lawyer about resentencing and the dismissal of charges under Prop 36.

If you are charged with a treatment-mandated felony, it’s important to complete your stay in rehab successfully. Once finished, your entire conviction can be cleared from your record.

How Does a Resentencing Hearing Work?

Under resentencing laws in California, your attorney starts by talking to the district attorney’s office about making a motion to recall sentencing. Alternatively, your criminal defense lawyer can file a notice of appeal at the location of the original trial court. This notice lets the court know that the matter is going to be appealed.The notice of appeal can be filed as soon as you’ve received a final judgment. If the appeal is successful, it can lead to a resentencing hearing.

During the resentencing hearing, the judge will think about all of the factors involved in the case as well as anything that has happened afterward. For example, cooperation with the prosecutors may be considered in the individual’s favor. Whether the judge agrees or not, they must listen to whatever instructions the appellate court has given them.

Do You Need an Attorney at Your Resentencing Hearing?

If you are lucky enough to get a resentencing hearing, you should always bring along your own legal representation. Your criminal defense attorney can provide you with advice about what to expect and what you can do to increase the odds of having a successful outcome.

Will My Record Get Cleared Under Proposition 36?

There is no exact answer to this question. Even if you are successful at getting resentenced under the treatment-mandated felony rules, it will not clear your entire record. Once you’ve successfully completed treatment, only the final charge will be removed. Any other charges from before will remain, unless the judge says otherwise.

Additionally, the third charge will remain on your record if you don’t complete your treatment process. The law is very specific about only clearing charges after the individual has successfully completed their stay at an addiction treatment center or mental health facility.

Learn More About Retroactive Relief Options Under Proposition 36

Proposition 36 was enacted in 2024, and it has brought many changes to the criminal justice system in California. While some of these changes are helpful to people charged with a crime, many of them involve harsher, longer sentences. The main exception is the section of Prop 36 that is devoted to treatment-mandated felonies.

With the help of your lawyer, you can learn more about resentencing hearings and the dismissal of charges under Prop 36. Your attorney can help you determine the best approach for getting resentenced. To work with a top criminal defense attorney in Orange County, give us a call today.