What happens after my petition or application is granted? | Prop 47

If I’m released from prison, will I be on probation or parole?

The judge who resentences you will make this determination, in view of the type of sentence you originally received. The judge’s decision will be on a document from the court called a “Minute Order,” which you will receive. On it, the court will specify whether you’re subject to parole or probation, and under what conditions. These terms and conditions are just like the conditions that convicted defendants receive who have not undergone the Prop 47 process—violating them can subject you to revocation of your status.

by: , Attorney

I’m in prison—will I be released if my felony is reduced to a misdemeanor?

That will depend on how long you’ve been in prison for this offense, and whether there are other convictions for which you are serving time. If you are serving time for no other convictions, and you have served one year or more on this conviction, you should be released. (The maximum amount of time in jail for a misdemeanor is one year, so you have already served the maximum sentence.) If you have been in prison for less than one year on this offense, you may be resentenced to county jail.

by: , Attorney

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