Time limits on Prop 36

Posted by Seth Chazin | Dec 20, 2012 | 0 Comments

Proposition 36
  • Time limits on Prop 36 resentencing

If you or someone you know was previously sentenced under the Three Strikes law, he or she may be eligible for resentencing under Proposition 36, which was recently approved by California voters on November 6, 2012.

This proposition allows individuals whose Third Strike falls under a certain category of non-violent felonies to avoid a life sentence.  In order to take advantage of this opportunity, the defendant must file a petition to the court (known as an 1170.126 petition) within a two year window.

That gives eligible defendants until November 6, 2014 to file their petition.

If the individual has already been sentenced and it has been less than 120 days since the judgment was issued (the defendant was sentenced) by the court, the defendant can immediately ask the court to recall the sentence and resentence him or her in accordance with Proposition 36.

If you believe you are eligible for resentencing or have any questions on the new law, you can contact our office for a free confidential consultation.

About the Author

Seth Chazin

Seth P. Chazin has aggressively defended clients in thousands of felony and misdemeanor cases for over 25 years. He has extensive experience representing criminal defendants in federal and state court, while handling both state and federal appeals as well.


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Seth P. Chazin is a San Francisco Bay Area Criminal Defense Lawyer with over 30 years experience.

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