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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26028
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was wondering something about the law in California that

Customer Question

Hi, I was wondering something about the law in California that made it so people who were in prison with a non-violet crime convicted of a "drug offense" were released, (summarized description). What I want to know is how were their convictions affected.
In other words, were felonies reduced to misdemeanors, were charges removed, or were they determined to have credit for time served as of that point so they could be released? As these people were already in prison and jail, is there a cutoff date that the
charges had to be convicted on or by. In other words if the charges were more than 5 years old, did they still qualify to get out, was there a cutoff like 2 years old, 5 years old or 10 years old. If it was older than that, they then would not qualify. I guess
I am asking if there was a statue of limitations that applied.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

I think you're talking about Proposition 47 in California, which reduced the penalties for certain drug and theft crimes in California. Eligible defendants who were in prison could apply for resentencing. Their felonies could be reduced to misdemeanors, and yes, they'd get credit for time served and could be released. The law is fully retroactive, meaning you can apply for reduction to a misdemeanor no matter how long ago the conviction occurred.