It was recently reported that 12,000 federal inmates held for minor crack cocaine offenses could get out of prison early. The United States Sentencing Commission came down with a unanimous decision that will apply a sentencing reform law retroactively. With this new decision, incarcerated individuals can file motions to reduce their sentences on November 1st. A report indicated that prisoners incarcerated on crack cocaine offenses can see as much as three years reduced off their sentence. The Commission explained that there is an overwhelming majority of crack cocaine offenders who are African American, which results in an unwarranted disparity in sentencing.
This reform applies solely to federal drug crimes and not to state drug convictions. For example, any person serving a prison sentence in a California prison as a result of drug conviction in a California court will not benefit from this reform. Although the federal reform does not provide relief in California, there are local court programs that do assist individuals charged with a first time drug offense. Under Penal Code section 1000, a person charged with a first time drug offense can avoid a conviction on their criminal record if they complete a court ordered diversion course. To be eligible for a Penal Code section 1000 course requires the defendant to not be charged with a possession for sales charge. For individuals who have multiple offenses, Proposition 36 allows individuals to avoid jail or prison time by completing a more stringent and strict diversion course. This includes counseling sessions, checking in with a probation officer, and attending all required court hearings.
If you live in the Ventura area and you or someone you know is facing federal drug related charges, you will need an experienced Ventura federal crimes attorney to argue on your behalf. At Wallin & Klarich, we have helped people facing a variety of criminal accusations throughout all aspects of trial for over 30 years. Please call us at (888) 764-2615 or visit our website at www.wklaw.com. We will be there when you call.
