3 ms·

The article states that the DA's action "does not apply to any cases where a defendant was convicted"

• toomuchtodo 8y ago
  I’m aware of that. I’m curious if further action can be taken. It’s insufficient that these proceedings are dropped when others will continue to serve out sentences for equivalent crimes.
  • ams6110 8y ago
    I do agree. But every day, decisions are made that result in no prosecution of charges against "guilty" people, while others may be in prison serving sentences for the same offense. We don't vacate convictions just because there's an example of another person who was charged but not prosecuted for the same thing. In this case, where the DA has made a blanket pronouncement that the office is not going to prosecute minor drug possession charges, I think there is a stronger argument to apply that retroactively. It seems to me like the right thing to do. But that would need to be done by a judge or perhaps the governor, not the DA. And you'd have to look at each case. There are really very few people serving significant time for simple possession. There's usually large quantities, intent to distribute, weapons or violence, prior offenses, or some other aggravating factors.