In 2012, California lawmakers passed the Fair Sentencing for Youth Act, which gave new guidelines for sentencing youthful offenders. In 2014, SB 260 went into effect, which required parole commissioners to consider whether juveniles had diminished capacity at the time of the commission of the crime.
In light of this, the California Supreme Court ruled that a court must take into consideration the distinct status of juveniles when handing down sentences for crimes. The laws not only apply to sentencing in juvenile cases going forward, but also to persons who are currently serving time for crimes committed years or even decades ago.
Although the court has broad discretion, there are a number of important factors about the petitioner that the court will consider, such as any cognitive or developmental disabilities, prior psychological or physical trauma, and whether he or she participated in available educational or vocational programs.
If the court decides to re-sentence you, it may impose any lesser available sentence, including making you eligible for parole after a certain number of years.
Despite the new laws, earning a second chance at release is still not an easy process. To be re-sentenced and then released, you must petition to have a re-sentencing hearing. In the petition to the court, you must state your remorse, describe efforts you made in rehabilitation, and which factors weigh in favor of re-sentencing. If the court agrees, you will have a re-sentencing hearing with the court that imposed the original sentence.
However, being declared eligible for parole is not the same as being placed on parole. He or she must still be given approval by the parole commission before being released. If the parole board’s approval is obtained, the governor has the option of denying parole to a prisoner under this new system. To get through all of these steps, you will need to rely on the help of an experienced and relentlessly dedicated attorney.
“Instead of locking up teens and throwing away the key, California’s new laws require judges to consider not only that the person was a youth offender, but also the choices they’ve made since then,” said Elizabeth Calvin, senior child rights advocate at Human Rights Watch.
Attorney Michael A. Fiumara And His Experienced team are here to Help
With offices in Santa Rosa and San Rafael, our firm is available to help you no matter where you work or live.
If you or a loved one committed a crime as a juvenile, and were given a life sentence without the possibility of parole, there may be a path to your freedom.
To obtain it, you will need the help of an experienced juvenile defense attorney. At Fiumara & Milligan Law, PC our skilled team of attorneys has been successfully helping clients in sentence reduction cases for over 23 years. We can help you NOW!
Contact our offices today at 707-571-8600 OR 415-492-4507 for a free consultation on your case.
We will get through this together.
