Post-Conviction: Second Chance

Established a presumption of sentence recall and reduction for individuals who receive a recommendation letter from a qualifying law enforcement agency. The court must apply new changes in law that reduce sentences, provide for judicial discretion, or eliminate disparity of sentences.

Limits liability and provides retroactive relief for individuals convicted of murder and attempted murder under felony murder or the natural and probable consequences theories.

Resentencing per Senate Bill 483 for now invalid one-year prison priors and three year drug priors.  When invalid prior is removed, individual is entitled to a full resentencing hearing applying all changes in the law.

Motion to vacate a conviction or sentence based on:

  1. Not understanding adverse immigration consequences,
  2. New evidence of actual innocence, or
  3. The individual was convicted or sentenced based on race, ethnicity, or national origin.

A youth offender who was under the age of 26 at the time of the offense is entitled to a meaningful opportunity to present mitigating evidence for consideration at their Youthful Offender Parole hearing.

Resentencing for qualifying Military Veterans who suffered from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health issues as a result of their military service.

If you know anyone that is currently incarcerated due to a San Bernardino County felony conviction that may benefit from any of the above-mentioned resentencing laws, please let them know to contact our resentencing unit by mail:

 

Law Offices of the Public Defender

323 W. Court St.

San Bernardino, CA 92415

Attn: 2nd Chance Unit

Office: (909) 918-2246

 

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