How to Defend the Three Strikes Cases in California
The Three Strikes Law began in California in the early 1990's. The government attempts to curtail violent or career criminals.
In other words, those who continue to pick up case after case are dangerous to the public. So, the District Attorney's office in Los Angeles County must implement the Three Strikes Law.
When it first came out, it was very harsh because the prosecutors were the only ones who had the discretion to strike strikes and to file a case as a strike.
Eventually, the judiciary could strike strikes through People v. Romero, a case that allowed them to hit a strike and said they had the discretion to do that.
So, it goes now in Los Angeles County if your client is charged with a crime. They have a strike prior or priors that are being alleged against them; then first, the protocol is to go to the District Attorney's office and see if they will agree to 'strike the strike ', which means they will not count the prior conviction as a strike in the current case if you're trying to negotiate a plea bargain.
If that doesn't work, you go to the Judge. You file what's called a Romero Motion, and you ask the Judge to 'strike the strike ', which means the judge will not count the prior conviction as a strike in the current case. If the judge strikes the strike, you're typically trying to negotiate with the judge at that point to resolve the case for your client.
Modifications to the Three Strikes Law
The Supreme Court has challenged and passed all constitutional challenges to the Three Strikes Law. However, it has changed over the years, and now, not everything is a strike where they have added things that are strikes.
Only certain crimes can trigger a third strike where you look at twenty-five to life. So, they have tuned up the Three Strikes Law over the last twenty-five years of its existence, but it's still in play.
It's still a potent weapon for prosecutors as they attempt to curtail crime and punish people. People are still looking at a lot of time when they get hit with the Three Strikes Law, although California Proposition 57 and some of these other Propositions have also lessened the impact of the Three Strikes Law by allowing for earlier parole or reducing the number of offenses that can trigger a third strike.
So, if you're charged with a third or second strike or even with potentially your first strike, you'll want to get a criminal defense attorney on your team. I've been doing this for a long time. I've handled strike cases since the Three Strikes Law's inception and have had a lot of success. Our California criminal defense lawyers are here to review your case and provide the expert representation you need.
That's what it takes — almost an act of Congress to get the prosecutors to strike some of these strikes. Usually, they have to be at least ten years old, with no horrible violence.
They've got all their little rules, so your attorney needs to know how to navigate the Three Strikes Law in Los Angeles and across California to get you the best possible result in your case. With the right legal team, success is possible in defending against the Three Strikes Law.
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