People would hear this tagline and say, is this some joke? However, the reality is that the new District Attorney in Los Angeles County was just sworn in, and he issued several different directives.
One of these, in my opinion, is that it partially abolishes the three-strikes law in Los Angeles. Still, if you were to pick up a strike — a robbery, an arson, a rape, a murder — anything that fits under a serious or violent felony — that would be considered a strike.
However, he has indicated that his office and his Los Angeles deputies are not to be sentencing people based on prior strikes.
New LA District Attorney Not Seeking Enhancements
So, if you're a third striker, you're looking at 25 to life, you pick up a new felony that qualifies as a third strike, they're not going to use those other two strikes against you. That's huge. Even if you're a second striker:
- you have one prior strike, and
- you pick up a new felony that qualifies,
- The DA's office will not seek an enhancement related to your prior strike.
Now, some might say that the judge could still do it. I do not see how the judge is going to do it because I think what's going to happen is they're just not going to file those prior strikes, so the judge will not have the ability to do it in a lot of different circumstances.
What I think might be interesting is where somebody has pled to a strike.
They are on probation and violate their probation, and now the District Attorney doesn't file charges against them, but the judge gets the opportunity to sentence them.
That judge might say, I don't care what the prosecutors argue about that prior strike and their policy; my policy is to punish and sentence. I will follow the law enacted and challenged by the Supreme Court.
Abolished the Three Strikes Law
But I'll tell you, it's a new day when the District Attorney of Los Angeles county says he will no longer sentence people based on prior strikes.
To me, he has effectively abolished the three-strikes law in California. You could still get strikes, but who cares if they won't use them to sentence?
That's the whole purpose and point behind the three-strikes law. What's crazy about it is that these counties that surround Los Angeles do not have the same policy:
- Orange County,
- Ventura County,
- San Bernardino County,
- Riverside County,
- Santa Barbara County.
Will they follow suit and create the same policy, or will Los Angeles be the place to commit crimes if you don't want to be punished for prior strikes that you have? It's wild.
I'm in one of the largest counties as far as criminal activity goes in the nation, which now takes out one of its most effective tools to punish people.
Criminal Defense Attorney for California Crimes
I've been doing criminal defense for 27 years, and since the Three Strikes Law came into effect in 1994, I've seen many people go away for a long time.
I think this new District Attorney wants to rehabilitate people instead of warehousing them and putting them in prison for an extended period. He does not believe in that.
There are a number of other changes besides the three-strikes law in Los Angeles. These changes have the potential to significantly impact crime and our society. It's an interesting time to be engaged in the discussion about criminal justice reform.
We will see how that impacts our society and whether or not they attempt to recall this District Attorney. The potential for a recall and the stability of these new directives is a topic of interest and concern.
I think it is a possibility and whether or not he can sustain a potential recall challenge. The potential recall and the future of these new directives is a topic of interest and concern. Even his Deputy District Attorneys do not seem very happy with how things are moving.
But if you or a loved one has a criminal offense, and you have prior strikes, and you're looking for an attorney who can fight on your behalf and use some of these new protocols that the District Attorney's office in Los Angeles County has come up with, you've come to the right place.
