It was a traffic stop like 1,000 others conducted by Sheriff’s Department deputies across Los Angeles County every day.
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A 26-year-old Canyon Country woman was pulled over Wednesday for a vehicle code violation. And then the Santa Clarita Valley Sheriff’s Station deputy noticed the strong smell of marijuana.
After speaking with the driver, who acknowledged the marijuana, the officer obtained permission to search the car and found a glass jar of marijuana, methamphetamine and a glass pipe used to smoke meth, according to Sheriff’s Station reports.
After producing a valid state ID, the suspect was arrested, cited and released, said Deputy Josh Dubin of the Santa Clarita Valley Sheriff’s Station’s Crime Prevention Unit.
“On Monday, the suspect would have been booked at the Sheriff’s Station and placed in jail for a similar charge,” Dubin said, adding that unless bail was paid, it would have been at least an overnight detention.
Due to Proposition 47, it’s likely the suspect won’t ever see the inside of a jail cell for such a charge, which had support from 58.5 percent of voters in Tuesday’s general election.
What Proposition 47 does
Proposition 47 mandates a misdemeanor sentence instead of a felony one (at least a year in jail) for most drug and theft-related crimes. (Click here for a link to the Secretary of State’s summary.)
The offenses now reduced to misdemeanors include: shoplifting; check forgery for less than $950; grand theft of any form for less than $950; receiving stolen property for the same amount; and possession of GHB (a “date rape” drug), heroin, concentrated cannabis, methamphetamine, ecstasy, cocaine and other drugs previously considered felonies.
One law enforcement official said the broad nature of the law poses numerous as-yet unanswered questions for officers and deputies on patrol, as far as charging for an arrested suspect.
Under the new law, for example, someone caught in a car reported stolen could technically be eligible for a misdemeanor if the car is $950 or less in value. A gun of less than $950 in value would fall under the same provision, according to a legal expert.
In addition to new prosecutions, those formerly convicted of drug possession charges who were sentenced as felons can petition to have their sentences reduced.
This means that unless prosecutors can prove a defendant poses a serious risk to be a repeat offender (essentially, if he or she has a history of violent crime), the courts are being compelled to resentence the criminal as a misdemeanor offender — a move expected to free up to 10,000 felons between the county and the state jail and prison systems.
That move could save hundreds of millions of dollars in incarceration costs, according to supporters.
“(Jail) doesn’t treat the problem, but it does a couple things,” according to one officer. “It causes the addict to abstain so they may have a chance of breaking their addiction. While the person’s in prison they don’t have an opportunity to steal from folks on the street. The only real way that rehab will work is if the addict wants help.”
Pros and cons of Prop 47
With Proposition 47, voters made California the first state in the nation to turn all drug possession charges from a potential felony to a misdemeanor, prompting different reactions from law enforcement and drug treatment experts.
Just exactly what the outcome will be is uncertain, but it’s expected to have a watershed effect on the courts, the jails and in the streets.
Those in support of lessening drug possession penalties argue jail and prison don’t really correct the problems associated with substance abuse and addiction.
“Of course, there are certain things that people should go to jail for when it comes to violence or dealing heroin,” said Cary Quashen, founder of Action Family Counseling, which regularly treats Santa Clarita Valley residents looking for help with addiction problems.
“Those people should be held accountable, for sure,” he said. “For people that are addicted to drugs, it’s a disease. We know it’s a disease of the brain, and we need to treat it as though it’s a disease.”
Critics of Proposition 47 point out the law threatens to take away the incentive or threat many need in order to get the help with their addiction, i.e. jail time.
“Most of the addicts fight going through counseling programs and drug rehabilitation programs, and the last resort is the threat of a felony prosecution,” according to a law enforcement official who spoke on the condition of anonymity. “And that’s the biggest thing — without the threat of felony prosecution, there is very little impetus for the addict to agree to go into a drug rehabilitation program.”
Next step for law enforcement, courts and incarceration
“The passage of Proposition 47 is a historic moment in California,” said Lenore Anderson, executive director for Californians for Safe Neighborhoods and Schools, who chaired the Yes on 47 committee. “California has gone from a state epitomizing our country’s over-reliance on incarceration to now leading the nation in advancing smart justice. It is a true breakthrough.”
The response from Los Angeles County District Attorney Jackie Lacey was decidedly more measured.
In a front-page L.A. Times story, Lacey criticized the law for not mandating treatment and rehabilitation as a component for drug offenders in sentencing.
“Our office has fully implemented Proposition 47,” she said Thursday in a statement. “We are filing new cases as misdemeanors rather than felonies. We also are actively working to ensure that eligible in-custody defendants are promptly brought before the court to determine if charges should be reduced under the new law.”
Supporters claim the vote means “Californians don’t want to waste any more costly prison space on non-violent, non-serious offenses… on ineffective policies.”
However, a concern about Prop 47 brought forth by law enforcement officials at the state and regional level is the expected burden placed on the courts and prisons, which, in the long term, could see the anticipated reduction in costs.
At the Santa Clarita courthouse in Valencia, for example, the system is setup now to only handle misdemeanors, with all felony charges being handled by San Fernando. Now all of those drug and theft prosecutions are the responsibility of the local courthouse on Valencia Boulevard.
The law instantly made about 4,770 state prison inmates eligible for a petition to seek release, according to Terry Thornton, spokeswoman for the California Department of Corrections and Rehabilitation, which runs the state prison system.
The determination for those inmates’ eligibility is ultimately up to the courts, she said, noting the CDCR takes no official stance on Prop 47. But that determination is made through the cooperation of several agencies.
“There’s going to be a workload increase,” Thornton said, “we saw that with Proposition 36. What happens with (Prop) 36 (which excluded drug offenses from the state’s Three Strikes Law, among other things) is the court subpoenas records from us.”
There are administrative costs associated with making those determinations for law enforcement agencies, the courts, probation departments and the penal system, she said, adding the process could significantly offset the savings.
“Eventually, fewer people in prison translates to fewer costs, yes,” she said, “but I don’t know when those savings will be realized.”
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California already has numerous programs to help those addicted to drugs without going to jail. If you are sentenced to jail because of a drug possession charge you have committed numerous felonies above and beyond simple drug possession. This law stops law enforcement from sending dangerous criminals to jail for minor drug offenses. Instead law enforcement must wait until the criminal commits a violent felony such as assault with a firearm or murder. Then you can send the criminal jail. Unfortunately it’s too late for the victim. This law also reduced numerous theft related offenses including grand theft firearm to misdemeanors. Due to jail overcrowding no one serves any time on misdemeanors so there is essentially no punishment for drugs or theft. Make no mistake about it this was a cost cutting measure at the expense of law abiding citizens. The voters were bamboozled on this one. This is a dark day for the law abiding citizens of SCV.
In response to Rob,
This is america where we usually try to wait until someone commits a crime before we lock them up. Furthermore, having been on the other side of the spectrum and having changed my lifestyle I know first hand how hard it was to do that previous to Prop 47. Our judicial system has been locking everyone for long periods of time for minor crimes. Finally, law has passed to help our society repair its broken and shattered households. Unless you have been directly affected or raised in a negative enviornment then you wouldn’t understand. Prop 47 is a good thing and overdue.
Thank you! Its nice to finally read comments from someone who understands & can relate from both sides of this very controversial spectrum. I too have changed my life and believe some of the inmates in the CDCR who are pending release will benefit greatly from this new law. Families, Children, parents, Friends all get a 2nd chance to reconcile their crimes &therefore,succeeding in life as opposed to serving it in prison.
Hi Mark and everyone, who has done anything for drug possession/charges. I am a recovering meth addict who did Prop 36 back in 2007. I have been clean since then, and am now doing a research project for a PhD. I need 10 questions answered in a survey, whether you did prop 36 or any kind of deferred entry of judgement program. I am posting my email and if you can kindly help me IT IS ANONYMOUS NO NAMES I just need the questions answered. Everything can be done via email. My email is sandeepabevli@gmail.com.
I too feel that prop 47 is not going to help as much as prop 36 because without consequences, for me I did not change. I hope we can help our drug/alcohol abusers and get funding for rehabilitation programs with a little bit more strict consequences in terms of legality.
Thanks everyone!
Thanks everyone!
You better check your facts my friend. I have 4 felony convictions for straight drug possession beteen 1993 and 1996 and went to prison twice. Both for16 months. Obviously you’ve never actually gone through the system. I get to petition the court and get all 4 felonies reduced to misdemeanors. So stop talking about shit when you have NO IDEA of what you’re talking about.
Wow can I really turn my drug felony from 1997 into a misdemeanor? This is a great thing! I never hurt anybody and went to prison for my 1st offense drug charge…thank you voters,which means I’ll also be able to vote again!
I hav a marijuana sales conviction in 1991 so dose that mean ican become a non feleon now that pot in leagle in california????
You are so misinformed it’s crazy. First off you can’t legislate behavior well you can try, but it’s obvious it does not work. If we would only decriminalize drugs we wouldn’t have this problem. The reason you don’t see anyone at the school yard selling alcohol is because it’s legal. There’s not enough profit in it. These drug laws are only making and financially enhancing the likes of El Chapo at the expense of our children.
This is great I have 4 poss. and 2 were illegal search do to me having tattoo’s the cops thought I was on parole search me and had small amount of drugs om me clearly violated my rights but try fighting a falsified police report with a dump truck attorney I did my time prison and drug programs now with prop 47 I have to petition these felonies to turn them into misdemeanors. I did my time don’t you think I deserve a chance to have them dropped to misdemeanors.
I have a pending case in San Fernando for possession. It is now a misdemeanor, but the judges at this particular courthouse HATES this new law. So she is punishing everyone with the maximum 1 year misdemeanor sentence for possession. So I’m facing a year when I have already served 22 days on this. (which is not very long, but any time in county is still horrible.) I understand that I will not serve the full year, however on a possession of a tenth of a gram I think that’s a little much. It’s from a year ago and I’ve also completed Inpatient Rehab on my own accord since then. I think it’s stupid I’m looking at more time because the judge has a vendetta. I got clean myself with rehab, nobody made me go, I went on my own. If wanting to get these people clean was the primary concern then why are judges so concerned with PUNISHING people who found themselves under these circumstances. I’m a college student who made stupid decisions, learned from it and got better. Anyway, it is what it is, I just think it’s bull. Let’s put a sober kid in Jail to punish him, never mind the fact that he got better and off drugs…
I also went from a perfect record to an unemployable ex-con for 1 tenth of a gram.two years in prison. three years on parole.It was an illegal search by Azusa Police.Why would any government for the people subject their citizens to this? I was told it cost 50 grand to house an Inmate for a year. two years equals 100 grand not including parole.100 grand for a matchhead sized amount of dope!Ever wonder why the countries so far in debt? Could have got my 4 year degree for less.
How do I get my felonys dropped to misdemeanor
Christina,
Talk to your attorney, it wont be difficult Unless again you have new charges….
My friend îs looking at 7 years for possession for sales and she had only 24g. It was under an oz and she only had 1 bag, no scale. They conducted the search because the driver had tinted windows and was on probation. The driver was found with 2 hypodermics and an empty baggie. Can they use that baggie that the driver had as evidence against her? She has had 1 prison prior w/in 5 years for sales.
Chrissy,
Unfortunately they can. In CA especially they are really harsh on drug sales/sellers. I am pretty sure her sentenced will be reduced but she will do some time and probation. Once we “behave” on probation though the time is not usually till the full extent unless you pick up another or multiple charges.
Hello! I have 2 felonies ob my record one from 1991 served 14 months 1 from 1994 served 26 months. Because of the first one i have a second strike. Id like to know even if its been many yrs do i still qualify for prop 36 & 47? Iv always wanted to b a social worker but i was told id never get my license due to my felonies would you be able to help me
If my prop 47 filing petition was granted does this affect my BOP points as well. I havent been able to find a straight response. Can someone assist please
Is there a certain amount of drugs for it to be a misdemeanor with a citation. Also how many citations can you get before there’s a stiffer penalty. If I’m reading it right the judge can still give you jail time up to a year. Help me understand I’m in Kansas asking because my nephew is addicted and acts like its no big deal if he gets caught with his heroin because he gets a ticket.
Hi i was charged for posession /with intent of sell in 2008 i was sentenced with 120 day in jail …can i qualify for this prop 47..
I have moved a great distance from the county where I got my felony for possession with intent to sell weed in 1997. It’s been 18 years now. But it does hurt my chances of getting the really good jobs I use to get my first day out looking for work which wasn’t very often thank god. At 56 years old though I am competing with people in their 20’s,30’s and 40’s who have been to school a lot more recent than I have. I’m taking classes in January to help up my chances of at least a first interview. But if I can email or call the court in the county I use to live in and get the ball rolling I think that is a smart move right there. Do I have to save up and make a trip of visiting the Santa Barbara County Courthouse? Or can I call the courts to have them start the process? thanks
I think it is great that prop 47 got passed. I know a lot of people who made a stupid mistake but changed their lives around and learned from it.
I am very pleased that the head hunting by local law enforcement of its citizens that I’ve been a witness to last 20 years is over. I have never seen more daily harassment done to addicts by cops and trust me these addicts weren’t commuting other crimes at the time. Not to say that addicts can’t do such things as steal. They can. Many do but not ALL ADDICTS STEAL.
The thing that concerns me is getting off so easy for stealing under 950 bucks. Stealing is stealing. The money is used to buy the addict more drugs and dealers more dope and weapons on the street.s. I know what I’m talking about.
I think prop 47 should have just dealt with drug charges and left this other huge area out if it. I can only see more crime now because there’s no threat of punishment. And I’m very open minded. I just know that this is going to hurt us in the end. I hope I’m wrong
Beautifully said my friend!
Can someone help me? I was citated for possession of meth (very small amount). This is my first time facing a misdemeanor and I want to know if this is staying on my permanent record.
So what happend??
Why is it that people take drug as a bad thing. I can understand that at times or should I say majority of 95% out of 100, the people who do drugs get addicted to it and starts doing things that has to do with breaking the law. The 5% out of 100, the people do drugs for a good cause. For example, people can use drugs like methamphetamy to be able to breathe, for example a inhaler. Another form of a steroid inhaler or should I say prednisone. Or methamphetamy can be used to help fight a bad sickness like cancer or if a person is suffering tremendous pain. What a person does at all times especially when suffering tremendous pain is, the body always falls asleep cuz they cannot handle the pain. Now due to the fact by scientific notation/chemical/mathematical reaction, in order to fight a sickness such as cancer or what not, a person needs to be awake in order for the body to fight whatever sickness the person may have. The body, when it is in pain cannot fight or heal itself from whatever is causing the pain if the body is not functioning or in fact if the person is sleeping. So by using or taking some kind of amphetamine, it will keep the person awake. Speeding up the rate of the heart beat, allows the bodies system to escalate and function faster enabling the body to heal itself so the pain would go away. When the body is always sleeping, the system of our body shut down and stops functioning. When the body wakes up, it can still feel the pain because nothing happened. The body wasn’t functioning in order for the body to heal itself. Now another example why a person can use methamphetemine for a good cause is how it speed the ratio of your heart beat making you feel or think your on top of the world. Meaning, that makes you think of the future. Methamphetemine allow’s a person to think ahead of time or should I say a motivator.
So, now that I have explained my opinion in details, the people of the public should get a little bit of understanding to why people do drugs instead of always taking it the wrong way. 5% of the people who do drugs do not get addicted to it in a negative way. And when it is presented in court, the district attorney should stop assuming that a person under the influence of a narcotic is someone who has no life and has bad judgement or is a bad person. Because now the public can see and read what I just explained so people can start taking this information into consideration for others who do take drugs and is not addicted to it in a bad way. For the court to have DA”s thinking they know everything, really needs to start doing more studying on human anatomy. It’s really all about common sense and learning how to think fairly, understand how people should be thinking before they say or decide to open their mouth on things or shall i say people on drugs.
To bad they don’t use methamphetamines in the products you say. You’re like a Politician twisting the truth. They use Levomethamphetamine which is a form of methamphetamine. Levomethamphetamine is a sympathomimetic vasoconstrictor which is the active ingredient in some over-the-counter (OTC) nasal decongestant inhalers in the United States.
I am trying to get a job with San Francisco airport i have a drug felony i just was told i can get it dropped to a misdemeanor an the attorney will apear for me friday this week. How long will it take i have 30 days before the job ends
I criminaluzed myself….. I was pulled over for a traffic violation and as a stranger whom I was giving a ride 2 jumped out of the vehicle of my vehicle with it clearly admitted that the stranger had left me in possession of controlled substances I told the officer the Stranger had intended to be dropped off with the subs I’m now looking at felony possession and distribution what can I expect from the courts as a first offender
What dose that mean
I have a felony charge for a gram of weed locked in my car on prison ground ,can I get that reduced it was locked in my car