People who have been convicted of a crime and are currently serving their sentence in a California county or state prison can ask the governor to commute or reduce their sentence in certain circumstances. The conversion of a sentence is generally granted only in situations where the sentence imposed on a convicted accused is unfairly severe in the circumstances. If you were convicted of a crime in California and you believe your sentence was excessive or excessively punitive, either because of your young age at the time the crime was committed, because of the law in effect at the time of conviction, or for any other reason, you may be able to have your sentence commuted. At Pat Ford Appeals, we assist clients with all legal issues related to post-conviction applications, including leniency applications, and we can review your case to determine if you are eligible for conversion. Contact our firm today to find out how we can help you. The woman was sentenced to life in prison for first-degree murder without the possibility of parole. In response to prison overcrowding, the State of California has worked to reduce the penalties associated with certain criminal convictions and to give more prisoners the opportunity to qualify for early release from prison. If you or someone you love has been convicted of a crime in California and wrongly sentenced to an excessively harsh prison sentence, contact our criminal appeal lawyers at Pat Ford Appeals for a free consultation. You may be eligible for a conversion of sentence, in which case you may reduce or eliminate your sentence or be entitled to early probation.
Requesting the conversion of a sentence can be a long and complicated process, and there is no guarantee that your application will be approved or even reviewed by the governor. That`s why you need an experienced criminal appeal attorney by your side who is familiar with California law and knows how to get a conversion request from the governor. Contact Pat Ford Appeals today to discuss your legal options. Requesting a conversion requires a thorough understanding of the law and the process. There are no specific factors that the Governor will consider when deciding on a motion to commute the sentence. The Governor is not required to consider a conversion application, and there is no set time limit for review and investigation if the application continues. A form for this notification will be provided with the downloadable request for pardon by the executive. This form should be used because it contains a field allowing the D.A.
to acknowledge receipt of the message. If your conversion request is accepted, the conversion will be filed with the California Secretary of State and reported to the California Legislature. Your criminal record will also be changed to show that the sentence for the conviction has been commuted. Keep in mind that the Governor is not obligated to grant your request, nor to review the request. If the Office of the Governor decides that a request for conversion is potentially justified, it will forward the request for investigation. Conversion applications are being investigated by the Parole Hearing Board, which is part of the California Department of Corrections and Rehabilitation. During the investigation, the board will review your criminal records, criminal records and prison records, as well as other records you provide. The Commission may also testify and examine a summary of the facts prepared by the court seised of the proceedings.
When the Board of Directors investigates and reviews your application, it notifies you. You may provide additional information if you choose to do so. Council will then hold a public meeting at which your application will be reviewed. Following the meeting, the Board of Directors will make a recommendation to the Governor as to whether the application should be approved. The Governor may also choose to file a request with law enforcement or other agencies to investigate or make a recommendation. To learn more about the California pardon process, application forms and related information, click here. (a) The Probation Hearings Committee may, from time to time, communicate to the Governor the names of any person detained in a State prison who, at its discretion, should be pardoned and released for good conduct or unusual punishment or any other reason, including intimate partner burglary and its effects. For the purposes of this section, “beatings of an intimate partner and its effects” may include evidence of the nature and impact of physical, emotional or psychological abuse on the beliefs, perceptions or behaviour of victims of domestic violence where it appears that the criminal conduct was the result of such victimization. Applications for conversion are investigated by the Parole Board, which is responsible for reviewing the applicant`s criminal record and criminal record, the applicant`s detention records and other relevant information to determine whether a commuted sentence is warranted.
Under the California Constitution, the Governor has absolute power to decide whether or not to grant a conversion and will generally evaluate the following factors when considering a conversion application: The State of California is notoriously tough on crime and the penalties imposed on convicted offenders can be severe, and although efforts have been made in recent years to: To reduce the prison population, more than 115,000 people remain behind bars in California. Some of the inmates serving long prison sentences in California may be entitled to early release or may be able to reduce their sentence by asking the governor to commute the sentence, which is a kind of request for exoneration after conviction. At Pat Ford Appeals, we know how devastating it can be for convicted defendants to be sentenced to years or decades behind bars, especially when the sentence is unfairly harsh, and we are committed to defending the rights of those who have been subjected to excessive prison sentences. The conversion application process in California is fraught with pitfalls, and having a qualified appellate attorney by your side from the beginning can greatly improve your chances of success. Attorney Pat Ford has years of experience handling criminal appeals in California and he knows what it takes to get a conversion request approved. When you hire Pat Ford, he will be your trusted lawyer and use his expertise for you, confidently guiding you through every step of the transformation process in California. The Parole Board will then recommend to the Governor whether to grant the conversion application. Note that the governor of California cannot commute a sentence if the conviction was: Even if a conversion does not restore civil rights, it can reduce a sentence or allow a prisoner to be immediately entitled to parole. The impact of conversion on the community, i.e.
whether early release affects public safety and whether conversion is in the interest of justice. If there has been a victim, the extent of the harm suffered is taken into account. The Governor will also consider the age and circumstances of the offence, the seriousness of the offence and the penalty, and your age at the time of the offence. Your personal development from crime is of great importance for an application. This includes if you have committed rule violations or new crimes in prison, and if you have used available rehabilitation and education programs. If you were suffering from an addiction or mental illness at the time of the crime and have since received successful treatment, this is also an important consideration for the governor. The governor can also look at things like evidence of remorse for the crime and whether compensation has been paid to the victims. Finally, the governor will take into account your personal need for transformation, for example. B the need to be released from prison for health reasons and your plan for reintegration into the community if you are released from prison.
The applicant must swear – by a signed and notarized affidavit – that the D.A. has been informed. The affidavit must be submitted to the Governor along with the conversion request. For conversion to be granted, four or more judges must vote in favor of pardon […].