Romero Motion to Remove Prior Strike Convictions
With the advent of the three-strike law in the early 1990s, attorneys in Los Angeles County Criminal Courts have to figure out how to strike strikes all the time when dealing with criminal defense cases. This concept of striking a strike needs to be clarified because I've had clients and their families say if they strike my strike, I won't have it anymore.
No, that's not true. In the context of the way we're talking about it, let's say, for example, you have a prior robbery strike from 1990, and in 2000, you picked up a new felony, which the prosecutors are trying to use the second strike to be able to double your sentence.
In that circumstance, to avoid a doubled-up sentence to avoid a prison sentence, your attorney will have to get that strike stricken to make a deal where you don't get a doubled-up sentence where you serve a higher percentage of the time.
Robbery Strike
If the attorney successfully gets that prior 1990s robbery strike stricken for purposes of a particular deal in your case, once the case is over and you serve your sentence, etc., you'll still have that robbery strike when you get out.
They're only getting it stricken for purposes of that particular deal. So, that's where the confusion comes in related to this concept of striking a strike.
Another issue is that you have that same robbery from the 1990s, and in 2000, you pick up a new robbery. As you know, theft is a strike. It's a violent felony. You serve 85% of the time.
If you plead guilty to that robbery, even if they strike your prior theft so they can give you a deal on the new robbery that doesn't involve a doubled-up sentence when you get out, you're going to have the theft from the 90s, and now the theft from the 2000s.
So, you're going to have two strikes on your record, and if you pick up a new felony that qualifies, you could be looking at twenty-five to life. This is where the confusion comes regarding the three-strike law in striking strikes.
Most of the time, when you're striking a strike, you're doing it for purposes of that particular case, and when you move forward, you move forward with the strike that you had, and if you plead to a new strike, then you're going to have two strikes on your record. If whatever you plead to is not a strike, then you'll only still have the one strike on your record.
Grounds For Striking A Strike
This is what they look at. The prosecutors have their little formula when it comes to strikes. They often say your prior strike must be at least ten years old. We won't entertain striking your strike if it's not ten years old. Again, that's from the prosecutor's standpoint, although I have seen them strike strikes that are less than ten years old.
That's just their general rule. They're also going to look at your overall criminal record. The three-strike law was meant for career offenders. So, if you're a career offender and you just keep getting case after case after case and you're in and out of prison, you don't stop, you're affecting people's lives, you're the perfect candidate for the three-strike law, and they're not going to strike your strike.
So, they mainly look at your record and the current strike, the circumstances surrounding you and your criminal record, and the particular new case you picked up.
In other words, if the new case is a serious or violent felony, or you hurt somebody or injured a victim, they will want to be less likely to strike that prior strike. If, on the other hand, the new case is weak or not very serious, then they'll be more likely to strike your strike – I'm talking about the prosecutors giving you a better deal where your sentence does not get doubled up.
So, these are the main factors they will be looking at, and of course, your lawyer will have to argue. A lot of times, they'll have to argue in front of the head prosecutor because the head prosecutors in Los Angeles County across the courthouses – usually keep this power of striking a strike with them because they like to be consistent, so they don't have multiple people striking strikes because people start to complain why did this strike get stricken, but this one didn't.
This way, they can keep the balance of power related to striking strikes in Los Angeles County.
Case of People v. Romero
At first, when the three-strike law came out in the early 1990s, the judges did not have the power to strike the strikes – only the prosecutors did.
This gave the prosecutors huge power. And, of course, they abused the power and filed many strike cases, unwilling to strike the strikes. In a case called People v. Romero, the court said that judges would also have the power to strike strikes in Los Angeles County. So, when a criminal defense attorney wants a judge to strike the strike – usually because the prosecutors won't do it.
The judges like you to go to the prosecutors first and then come and say to them, listen, they won't strike it, Your Honor, so we're asking that you strike it. Then, the defense attorney will file a Romero motion and do everything I mentioned.
They'll argue what the current case, the strike, and the person's overall criminal profile look like, and then they can mount the argument for the judge to strike the strike.
You also have to realize that, in the case of the judge striking the strike for purposes of the disposition, you want to resolve the case because if you're asking the judge to strike the strike, you have an eye toward resolving it. You just don't want to get a doubled-up prison sentence.
So, at the same time that you're asking the judge to strike the strike, as a good criminal defense attorney, you're also going to give the judge an idea of what you think a fair sentence is.
Often, a judge will say I'll strike the strike. I'm not giving your client two times two for four years in prison, but I will give him two years in jail because he has a prior strike and did what he did in this case. So, if your client wants to take that, I will strike the strike to resolve the case. Otherwise, you can take your chances at trial.
So, there are several things that judges can do and several angles they can take. This is where having a seasoned criminal defense attorney who knows the three-strike law – is crucial. I've been around since the three-strikes law was enacted, so I've seen the history of the law, when strikes are going to be stricken, when they're not going to be stricken, and what arguments are necessary even to have a chance to get a judge or the prosecutors to strike a strike in a criminal case in Los Angeles.
If you want more information on Motion To Strike A Strike In Los Angeles County, a free initial consultation is your best step. You can get the information and legal answers you're looking for by calling (213) 542-0979 today.
