December 28, 2023 In Post Conviction

AB 1812 / PC 1170(d)(1) Re-Sentencing: Opportunities for Change

AB 1812 / PC 1170(d)(1): A New Avenue for Re-Sentencing in California

AB 1812, in conjunction with Penal Code 1170(d)(1), provides a unique opportunity for certain California inmates to seek re-sentencing. This legislative change reflects an evolving perspective on justice and rehabilitation, offering a chance for review and potential modification of existing sentences.

 

  1. Eligibility: This law allows for re-sentencing of inmates whose original sentences are now deemed excessive or inappropriate due to various factors, including changes in law, personal growth, or other mitigating circumstances.
  2. Initiation Process: Re-sentencing under this statute can be initiated by the court, the Department of Corrections and Rehabilitation, the Board of Parole Hearings, or the district attorney.
  3. Considerations for Re-Sentencing: Factors such as the inmate’s disciplinary record, rehabilitation efforts, age at the time of the crime, and current risk to public safety are evaluated.

 

Illustrative Examples of Eligible Cases

  • Case of Excessive Sentencing: An inmate serving a disproportionately long sentence for a non-violent crime may be considered for re-sentencing.
  • Rehabilitated Inmates: Individuals who have shown significant rehabilitation, including educational achievements or consistent good behavior, might be eligible.

 

The Role of The Mines Law Firm in AB 1812 / PC 1170(d)(1) Cases

  • Evaluating Eligibility: We begin by assessing the eligibility of the inmate for re-sentencing under AB 1812 / PC 1170(d)(1), considering all relevant legal and personal details.
  • Advocacy and Representation: Our attorneys can advocate for re-sentencing, presenting a comprehensive argument that highlights the reasons for reducing the original sentence.
  • Navigating the Legal Process: We guide clients through the complexities of the re-sentencing process, ensuring that all procedural requirements are met.

 

Reach Out for Legal Support

If you or a loved one is considering seeking re-sentencing under AB 1812 / PC 1170(d)(1), contact The Mines Law Firm at 888-700-0093. Our team is ready to provide the legal support and representation you need.

 

 

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Disclaimer: This content is for informational purposes only and does not constitute legal advice. For legal representation, please contact The Mines Law Firm.