Like many states, California followed mandatory minimum sentencing guidelines for certain drug offenses over the last few decades. These mandatory minimums gave judges no room to grant probation or explore alternative sentencing options for various drug crimes, even for seemingly minor offenses committed by first-time offenders. However, with California Governor Gavin Newsom signing Senate Bill 73 into law last October, mandatory minimums no longer govern certain nonviolent drug offenses. Let’s look at what this new legislation means for those facing drug charges in Los Angeles County.
Brief History of Mandatory Minimums for Drug Crimes
During the height of the “war on drugs” in the 1980s, several states enacted incarceration mandates pertaining to certain types of drug sale offenses. Under these laws, judges could not offer probation or suspended sentences for first-time offenders convicted of particular drug offenses, such as selling or possessing for sale over 14 grams of controlled substances like heroin or PCP. Mandatory sentences typically ranged from two to seven or more years, depending on the specifics of the offense. As a result, jails and prisons slowly filled with nonviolent drug offenders.
How Senate Bill 73 Changes Nonviolent Drug Sentencing
Starting in 2022, California judges will have greater discretion over the sentencing options for nonviolent drug offenses. They no longer need to adhere to mandatory minimum sentencing guidelines and are free to assign probation, treatment programs, or other alternative sentencing options to those convicted of nonviolent drug offenses. The legislators behind the bill wanted to give judges greater freedom to tailor sentences more appropriately to the defendant’s needs. Spending time behind bars does little to rehabilitate many nonviolent drug offenders, while attending a drug treatment program may help them re-enter society with greater success.
Contact an Experienced Criminal Defense Attorney Today
As California passes new legislation, it’s important to understand how these new laws could impact your case. If law enforcement has arrested you for drug possession with intent to sell, contact a trusted Los Angeles County criminal defense attorney as soon as possible to discuss your situation. Your attorney will help you understand the possible outcomes so you can prepare to face the upcoming weeks and months with greater confidence.
Schedule a free consultation with a knowledgeable Los Angeles County criminal defense attorney today by calling Wegman & Levin at (818) 980-4000.
