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Time limits on Prop 36

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

  • 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 30 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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“The death penalty is a lie, a misguided mistake born of anger and frustration. Capital punishment has become a perverse monument to inequality, to how some lives matter and others do not. It is a violent example of how we protect and value the rich and abandon and devalue the poor. The death penalty is a grim, disturbing shadow formed by the legacy of racial apartheid and bias against the poor that condemns the disfavored among us, but corrupts us all. It’s the perverse symbol elected officials use to strengthen their ‘tough on crime’ reputations and distract us from confronting the causes of violence. It is finally the enemy of grace, redemption and all of us who recognize that each person is more than their worse act.”
- Bryan Stevenson