Prop 57 & Juvenile Filing Only Applies to Active Cases

It is not uncommon for someone to call our office and ask about “the new laws announced by the DA, George Gascon, for taking off enhancements.”  A discussion then follows about how there were no “new laws” put into effect and that his “special directives” were stopped in part by a civil restraining order granted by a civil judge.  However, we usually ask the caller about other facts of the case because there indeed are some new laws that do apply, but in limited circumstances.  One is the new Proposition 57 and Senate Bill 1391 regarding the filing of a case against a juvenile and also against a juvenile age 14 o4 15 when the crime took place.  Sometimes, these laws can have retroactive effect if there is a valid petition for resentencing filed, i.e. under AB 865 or Penal Code § 1437.  To read more about Prop 57 and Senate Bill 1391, please click on the following link – https://www.greghillassociates.com/prop-57-juvenile-filing-only-applies-to-active-cases.html

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