Currently on 3yrs Felony(Supervised) Probation for H&S 11377(Felony) & PC 66 ( a misdemeanor) , have already completed 180day jail sentence. If I qualify for re-sentencing under the new statue can it be vacated and instead placed on summary (court) probation under the misdemeanor sentencing guidelines ?
I do not live in the county where offense occurred and probation refuses to start transfer for 90 days.
Contact a criminal defense attorney in the county where these convictions occurred. The HS11377 is eligible to be reduced barring some horrible prior on your record. PC66--is not a code section. I suspect you are missing either another 6 or a 9--but that one is already a misdemeanor, so nothing to worry about.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
Yes, Prop 47 allows people on probation with no disqualifies, to petition for re-sentencing.
Yes, you can petition for re-sentencing. Once that is done you should be relieved from the felony probation. As long as there are no priors or other factors that would prohibit the Proposition 47 reduction.
It depends. There is some confusion over whether persons on probation are eligible for re-sentencing. In the counties I practice, eligible probationers are being re-sentenced. You will need to check with an attorney in your area both as to whether you are eligible if there is a restriction on probationers.
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