Defending Clients Under California Proposition 36: Andrade Law Offices’ Expert Legal Strategies
Since its passage in 2012, California’s Proposition 36 has offered significant reforms to the state's "Three Strikes" law, providing new opportunities for defendants facing life sentences for non-violent crimes like drug possession and theft. However, navigating these legal waters can be complex, and the process of re-sentencing or challenging previous convictions requires skilled legal representation. That’s where Andrade Law Offices can step in.
At Andrade Law Offices, we specialize in defending clients against the challenges posed by Proposition 36 laws, ensuring they receive the fairest possible outcome in court. This exclusive blog post will explore how our experienced attorneys can help clients facing the consequences of California’s “Three Strikes” law and provide legal strategies to protect their rights.
What Is California’s Proposition 36?
California's Proposition 36, also known as the “Three Strikes Reform Act of 2012,” limits the application of the “Three Strikes” law to only those convicted of serious or violent felonies as their third offense. Under the original Three Strikes law, individuals could receive a 25-to-life sentence for committing any felony, even a minor, non-violent crime like drug possession or petty theft, if they had two prior strikes.
Proposition 36 allows individuals convicted of non-violent third offenses to request re-sentencing, offering the potential for reduced sentences or even early release. It also provides a path for certain individuals serving life sentences for minor offenses to have their sentences reconsidered, assuming they meet specific criteria.
However, Proposition 36 is not a simple “get out of jail free” card. To qualify for re-sentencing or reduced penalties, a defendant must demonstrate that their third conviction does not involve a serious or violent crime. That’s where Andrade Law Offices can help.
How Andrade Law Offices Defends Clients Under Proposition 36
Comprehensive Review of Prior Convictions
The first step in defending clients under Proposition 36 is to thoroughly review the defendant's criminal history. The law only applies to those with two prior felony convictions, so understanding the specifics of each “strike” offense is essential. At Andrade Law Offices, our legal team works diligently to assess whether previous convictions qualify as “strikes” under the law. We ensure that the offenses in question meet the legal criteria for a “strike” and explore the possibility of challenging any prior convictions if there is evidence that they were unfairly categorized or obtained.
Evaluating the Nature of the Third Offense
Proposition 36 applies specifically to individuals convicted of non-violent third offenses. Drug possession and theft under $950 are the most common types of non-violent crimes that clients may face. Our attorneys examine the details of the third offense to determine whether it qualifies as non-serious or non-violent. If it does, we help our clients request re-sentencing, arguing that their crime does not warrant the severe penalty of a life sentence under the Three Strikes law. If there is room for reclassification, we build a case to demonstrate that the client is eligible for a lesser sentence or even early release.
Filing for Re-Sentencing and Early Release
Proposition 36 allows defendants serving life sentences for non-violent third offenses to petition for re-sentencing. Andrade Law Offices has a proven track record of successfully filing re-sentencing motions for clients convicted of non-violent crimes, ensuring they have the opportunity to return to society after serving a more appropriate term. We present compelling arguments to the court, emphasizing the non-violent nature of the crime, the time already served, and the client’s potential for rehabilitation.
Providing Strategic Counsel for "Strike" Classification
If you or a loved one is facing a third strike for theft under $950 or drug possession, it is essential to seek expert counsel in challenging whether the prior offenses should truly be classified as “strikes.” Andrade Law Offices works closely with clients to explore every potential legal argument to reduce or remove the impact of prior convictions. We can help challenge whether a prior conviction was too old, too minor, or unfairly classified. With careful attention to the details of each case, our attorneys help clients identify opportunities to argue that their prior convictions should not count as strikes under the law.
Arguing Against the Imposition of Life Sentences
Even with two prior strikes, many clients facing drug possession or theft charges do not pose a significant threat to public safety. Andrade Law Offices advocates for clients by making the case that their re-sentencing should reflect their individual circumstances. Our legal team gathers evidence of the client’s rehabilitation, good behavior, and contributions to society to present a persuasive argument that the life sentence is disproportionately harsh.
Challenging Future Convictions and Protecting Clients’ Rights
Even after securing a successful re-sentencing or reduction, clients must continue to protect themselves from the threat of future strikes. Andrade Law Offices works with clients to educate them on the potential consequences of future convictions and proactively helps them seek alternatives to incarceration, such as diversion programs, rehabilitation, and counseling.
Why Choose Andrade Law Offices?
Experience and Expertise: Our attorneys have years of experience navigating California’s criminal justice system, specifically with cases related to Proposition 36. We understand the intricacies of the law and can advocate on behalf of our clients effectively.
Personalized Approach: At Andrade Law Offices, we treat each case individually. We know that every client’s situation is unique, and we tailor our legal strategy to their specific needs. Our goal is always to ensure the best possible outcome.
Commitment to Justice: We are committed to ensuring that our clients’ rights are protected and that they receive the most fair and just outcome possible. We believe that the legal system should be equitable, and we fight for our clients to achieve justice.
Proven Success: Our firm has a history of successfully defending clients against Proposition 36-related charges. Whether securing re-sentencing, challenging prior convictions, or advocating for reduced penalties, our team has a strong track record of success.
Conclusion
California’s Proposition 36 is a game-changer for many individuals facing life sentences for non-violent crimes, but the process of petitioning for re-sentencing or challenging prior convictions can be complicated. Andrade Law Offices is here to guide you through every step of the way. With our deep understanding of Proposition 36 and a commitment to defending your rights, we can help you navigate this legal landscape and achieve the best possible outcome.
If you or a loved one is facing the consequences of a third strike under California's laws, don't wait—contact Andrade Law Offices today for a consultation and let us fight for your future.