Proposition 47 became active back in 2014, and it really is a very interesting addition to the legal process in general as it lowers a number of felony offenses to mere misdemeanors. Of course, that is assuming that all of the legal requirements and conditions are met in full. What this basically implies is that a number of felony crimes can be reduced to misdemeanors, which is a huge advantage for those who were charged after Proposition 47 was introduced into the justice system. Needless to say, though, in order to make use of this legal advantage, you will need to correspond to certain criteria. Not every single felon will have the ability to reap all of its benefits.
Initially, Proposition 47 had an ultimate goal to the reduce costs of law enforcement. During the past several decades, the money spent on locking people up in jails and prisons has reached a sky high limit. Hence, it is only natural that the authorities would want to resolve the issues by lowering down the number of people who could be sentenced to time behind bars. Still, the given Proposition does not apply automatically to all cases. Every single case is unique in its own way and will first be reviewed to establish whether a person is eligible for reducing their sentence.
If you were engaged in some criminal activities in the past, you will not be eligible for Proposition 47. Furthermore, if there was a sex offense involved or perhaps a gun crime, there is very little chance that Proposition 47 will even be taken into any consideration. In fact, the judge will review all the evidence of the case in order to make an educated decision on whether or not you may be eligible for Proposition 47 in the first place.
What is interesting is the fact that the Proposition could also be applied to nearly any case for those already spending time in jail or prison, but were sentenced before the Proposition came into full effective back in 2014. Hence, if the convict appeals for Proposition 47, the case will be reviewed and another sentence will take the place of the old one. Moreover, in some cases, this may well result in immediate release right after.
However, one must keep in mind that cases of driving under the influence (DUI) do not apply for Proposition 47 and so a DUI felony cannot be turned into a misdemeanor just yet. In fact, there is a very short list of crimes that could be eligible for Proposition 47 reduction, namely grand theft, shoplifting, fraud, forgery, acquiring stolen property, writing a bad check, and the like. Furthermore, the given Proposition also applies if the case involve the personal use of illegal drugs.
Despite the fact that DUI is not eligible for a reduction in line with Proposition 47, it does not necessarily imply that nothing could be done to help you out. After all, the existing DUI legislation already offers all kinds of tools and options to help you reduce the sentence or dismiss it. Here is a brief summary of what could be done to help you avoid the maximal legal consequences.
First of all, no one should underestimate the value of the Fourth Amendment. And if there is any indication that the defendant’s legal rights were not taken into consideration, this will provide a strong initiative to the defense. After all, if any of the evidence was not accumulated in a legal manner or in line with all the Fourth Amendment rights, it will weaken the prosecution’s case. Consequently, the charges will either be lowered to a minimum or the case will be dismissed.
In addition, there is yet another tendency in the DUI defense process – who is to say that your alcohol levels were high when you were actually operating a vehicle? Perhaps it rose after you were pulled over and that valuable point may also be used by the attorney to help you out.
In order to make the most from your legal defense, you will need to get in touch with a qualified, genuinely experienced Seattle DUI lawyer who will not let you down and will help you reduce your sentence or will get the case dismissed.