| |
Will people who were arrested for a marijuana crime but took a plea bargain to a lessor offense that was NOT a marijuana crime get a pardon???
When we wrote up the Safer Arizona 2018 initiative we said that anybody that either was
1) convicted of a marijuana or
2) was arrested for a marijuana crime and then accepted a plea bargain would get a pardon.
That was deleted from the initiative and replaced with this text that Tom Dean wrote.
Will this text give them a pardon?
I am very concerned, because something like 98% to 99% of the people that are arrested for crimes cop pleas and take plea bargains.
I want ALL of them that were arrested for marijuana crimes to get pardons, even if they accepted a plea bargain.
If you ask me it seems like only people who accept plea bargains for charges that are labeled marijuana crimes will get plea bargains based on this text:
1. Any person who was sentenced to incarceration or probation pursuant to A.R.S. 13-3405(B) or A.R.S. 13-3408(B)
The question is
if a person was arrested for a marijuana offense before the Safer Arizona initiative and took a plea bargain for a lessor offense that is NOT a marijuana crime, will the person be pardoned under our initiative?
Tom Dean says yes, according to this post by David.
Thursday, January 19, 2017
David
Per Tom Dean If the person would have been sentenced differently under the new law, then they would be eligible.
Since illegal cannabis is what underpins the enterprise, it should make that person eligible
Here is the part of the
initiative
which Tom Dean wrote and which the question is about.
3-3712. POST CONVICTION RELIEF
A. Any person who was sentenced under this section prior to the effective date of this amendment, shall be eligible for re-sentencing as follows.
1. Any person who was sentenced to incarceration or probation pursuant to
A.R.S. 13-3405(B)
or
A.R.S. 13-3408(B)
prior to the effective date of this Act, may file a Motion to Modify Sentence with the judge, commissioner, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, commissioner, justice of the peace or magistrate's successor in office.
2. No later than thirty (30) days from the filing date of the Motion to Modify Sentence, the court shall either grant the Motion to Modify Sentence or, if the State objects, schedule a contested resentencing hearing.
3. At the resentencing hearing, the court shall determine the following:
a. If currently serving a term of incarceration or probation, whether the person would have been sentenced to a shorter term or no term at all of incarceration or probation under this Act.
b. If the court determines that a shorter term or no term at all would have been imposed under this section as amended, it shall grant the Motion to Modify Sentence and order a modification of sentence that is consistent with this Act. Under no circumstances may a resentencing under this section result in the imposition of additional penalties.
4. The court shall either grant or deny the Motion to Modify Sentence no later than sixty (60) days from the date of the filing of the Motion to Modify Sentence.
B. Upon completion of a defendant’s sentence imposed pursuant to this section, the defendant may file a Petition to Expunge Conviction with the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office.
1. Within sixty (60) days of the filing of a Petition to Expunge Conviction, if the court determines that the defendant’s conduct would not have been a criminal offense under this section as amended, then the court shall order that all convictions under that case number which were entered pursuant this section be expunged and cleared from all court records, police records and any other records of any other agency relating to such conviction and shall cause a copy of such order to be delivered to all law enforcement agencies and courts.
2. The court shall order that the conviction be permanently obliterated from all records whether electronic, digital, written or other and shall order that the conviction not be used against the defendant for any purpose, including in any civil, criminal or administrative proceeding.
|
|