Legal Question in Criminal Law in California
Is the new prop 47 Retroactive? . I Im still going to court on because of a pending probation violation stemming from a old possession charge. At the end of my three years probation . They cetch me with some drug paraphnelia, give me a new case and send me back to court for the pending probation violation,Will that violation stand or will I received some kind of pardon under prop 47 that changes the charge I was arrested on from a felony to a misdemor?
Asked on 11/20/14, 12:54 am
1 Answer from Attorneys
Joe Dane
Law Office of Joe Dane
The underlying charge can be reclassified as a misdemeanor under Prop 47, but it changes it to a misdemeanor with a one year maximum. Because of the new case and the possible time on the old case, you still face potential time for both cases.
Answered on 11/20/14, 7:00 am
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