Legal Question in Criminal Law in California
What will happen to the inmates in California who are there because of a crime that was a felony but is now a misdemeanor. Will they be released or does that apply only to new cases?
1 Answer from Attorneys
I am unaware of any offense that has recently been changed from a felony to a misdemeanor, or any pending legislation to do so.
Some crimes in California are "wobblers," which means they can be charged as misdemeanors or felonies. If the court imposes a prison sentence -- even if the sentence is suspended and the person is placed on probation -- the court cannot reduce it to a misdemeanor.
In the past, California reduced possession of small amounts of marijuana to a misdemeanor and decriminalized sex acts between consenting adults. The legislation passed at that time specifically said what would happen to people who were already serving sentences for convictions prior to the change in the law.