New Three Strikes Law!
Criminal Defense Attorney in Orange County
Yes. Prop 36 passed and thousands of prisoners serving life sentences are
now eligible to have their sentences modified so that they can be released.
It is necessary to file a petition with the superior court, and is legally
complex. It is best to have an attorney do it. If your family member,
significant other of friend is now serving a life sentence, set up a consultation
with a "New Three Strikes Law" attorney. Now is your chance
to have that loved one home!
Since 1994, the three strikes law has inflicted havoc on many thousands
of criminal defendants. Felony convictions going back many decades (well
before the three-strikes law took effect) suddenly became strikes because
they made it on the list of strike offenses. So, a person with two burglary
convictions in the 1970's and a small drug case in 2010 could be charged
as a three striker and fact life in prison. Ridiculous, but it happens.
If a person has only one prior strike, any sentence on any new felony is
doubled. Also, the defendant serves 80% of the sentence, rather than the usual
50% (or 35% if the defendant goes to fire camp).
Once the district attorney charges you with having a prior strike, that
strike must be attacked. One way is to show that the prior conviction
was invalid for some reason. Another way it to have your lawyer convince
the judge that he or she should dismiss the strike in the interests of
justice. Rarely, but on occasion, the district attorney will dismiss a
strike as part of a plea bargain.
If you are charged with a crime and a strike is involved, you need an attorney
who is effective at going back in time and researching the validity of
what the prosecutor is now calling a prior strike. Many prior convictions
have been shown to have been invalid, for a variety of reasons, and therefore
can't be used as a strike. Defending strike cases requires good research
& writing skill, and a lot of perseverance by your lawyer. Remember,
a three strike case carries the same penalty as first degree murder!
If you want to know about the three strikes law in general or have your
own case involving strikes, call the Orange County three strikes defense
lLawyer for a free consultation.