Home Writs and Appeals Proposition 36

Los Angeles Proposition 36 Attorneys

We Can Help with Three-Strikes Resentencing

In the past, California’s Three Strikes Law gave life sentences to anyone convicted of a third felony offense. With the passage of Proposition 36, a number of people with non-violent drug possession felonies became eligible for probation instead of time in prison.

There are some specific requirements that must be met before someone is eligible under Prop 36, also known as the Substance Abuse and Crime Prevention Act of 2000. Trying to appeal a previous sentence without the assistance of an experienced attorney is a mistake. You need a knowledgeable lawyer to fight for your rights. If you or a loved one is facing drug charges and you need a defense, or you are trying to file an appeal under Proposition 36, call Werksman Jackson & Quinn LLP at (213) 688-0460 today.

Back to Top

What Is Proposition 36?

Proposition 36 was passed in 2000 and took effect in 2001 to give people convicted of drug possession treatment rather than sending them to prison. Its purpose was to alleviate overcrowded prisons and give people with drug problems help rather than simply punishing them.

Back to Top

How Does Sentencing Work Under Proposition 36?

So long as someone is convicted of a non-violent drug possession felony, he can be sentenced to probation and drug treatment rather than time in prison. This treatment must be provided by a licensed or certified drug treatment program. Probation can be revoked if the defendant fails to complete the program or violates the conditions of that probation, and the defendant may then be incarcerated.

Back to Top

Are There Exceptions?

For someone to be eligible for probation and treatment rather than incarceration, the charge must be for possession and not included with a violent crime. For example, if someone is charged with drug possession for sale – usually due to large quantities of an illegal substance – it is not considered a simple possession offense and Proposition 36 will not be applied.

Similarly, someone charged with committing a violent offense or found to be in possession of a firearm will not be sentenced under Proposition 36. Prior convictions for violent felonies can also disqualify someone from Proposition 36 eligibility, though there are timelines involved.

Back to Top

Can I Have a Previous Sentence Changed?

Yes; in some cases, you may be able to have a prior sentence for a non-violent drug possession offense altered to probation and treatment. Any previous treatment you had, particularly from an unlicensed drug treatment facility, might not qualify for this requirement of Proposition 36. However, you can still seek relief under this law and gain probation by completing additional treatment.

If you find yourself facing drug possession charges, it is important for you to have an experienced attorney to defend you. Whether you have already been convicted or you’re facing your first trial date, Werksman Jackson & Quinn LLP can help lead your defense and fight to reduce your sentence. Call us today at (213) 688-0460 to discuss your options.

Back to Top

Contact Werksman Jackson & Quinn LLP Today
Phone: (213) 688-0460
Fax: (213) 624-1942

Recent Case Results

  • Complete Dismissal of Molestation Charges
    Attorney Mark Werksman’s 29 year old client was falsely accused of molesting two neighborhood children and was subsequently charged with felony child molestation, with a significant prison sentence hanging over his head should he be convicted. Instead, at the preliminary hearing Werksman was able to convince the court to grant his client a complete dismissal of any charges.
  • Decision Set Aside
    Client, a college student in a faulty Title IX case, was awarded $130,000 in attorney fees.
  • Probation with No Jail Time for Drug Money Laundering Charge
    Wilmington man accused in New York federal court of laundering drug money through the sale of laptop computers. Mark was able to get the case transferred to federal court in Los Angeles, where he convinced the United States Attorney to reduce the charges. His client was sentenced to probation with no jail time on a misdemeanor conviction.
+ More Case Results