The California Three Strikes law is a powerful tool that prosecutors utilize. It came into effect in the early 1990s and has resulted in doubled and tripled sentences for criminal defendants in Los Angeles County. The factors that prosecutors consider when determining whether to strike a strike include the age of the strike, the individual's overall criminal record, and the nature of the new case.
The three-strikes law was meant for career offenders. So, if you're not a career offender, then there's a good argument that maybe your prior strike should be stricken for purposes of the new deal.
That's where it gets a little confusing, because, for example, somebody has a strike from the early 2000s, such as a robbery, and they commit a new felony. Now, the prosecutors have alleged that they have a prior strike against them in the criminal complaint in Los Angeles and are trying to double their sentence for their new case.
In order to avoid their sentence being doubled up – and usually to avoid prison – the prosecutors, for purposes of that deal, are going to have to strike the strike, and that's where the defense can meet with the boss. This presents an opportunity for a positive outcome. Typically, in LA County, based on my experience, it's usually the higher-level prosecutors who have the authority to strike the strike in the first place.
So, they're going to look at the new case. They're going to see what it's all about. If your new case is another strike – another robbery, for example – there's a high probability they're not going to strike it. If you just got your prior strike a year or two ago, they're probably not going to strike it.
The rule is that it has to be at least ten years before they'll even consider striking a prior strike. But I've seen them do it earlier than that. It just depends on the circumstances. One big argument that I've been successful with is if a strike occurred when the person was young, when you were a juvenile – let's say you were 16 years old – and you picked up a purse-snatching robbery. That's something we might have a good chance to strike.
They will also examine the impact on the victim in both the prior case and the current case. Prosecutors consider a range of factors. Still, the main thing they're looking at is who you impacted, your dangerousness level as a person, and whether or not you really deserve to have your strike stricken or whether you should face serious prison time for what happened.
Another way to resolve a strike if the prosecutors won't do it is to go through the judge. We can file what's called a Romero motion, and the judge has the authority to strike the strike and provide a better resolution than what the prosecutor is offering. It's crucial to understand this process, as it can empower you to make informed decisions about your case.
One thing people need clarification on is whether the strike is stricken, and you're given a non-prison probation offer, for example, and then you move ahead. Do you still have that strike they struck for the purposes of the deal you just had? The answer is yes, you do. It doesn't eliminate the strike. They just can't use it for that deal. So, understand that. If you have a strike and you plead to another case that is also a strike, then you go away from that resolution with two strikes on your record. If you pick up a new felony in the future, you could be facing twenty-five to life.
So, this three-strikes law in Los Angeles is very serious. It's not going away. It has been challenged all the way up to the highest court in the land on various grounds and has been upheld. So, when it comes to striking a deal, your best chance is to get a criminal defense attorney who is local to the jurisdiction where your strike is alleged. This local representation, who has dealt with the prosecutors and judges there, will then know exactly how to make the best argument to get the strike stricken, providing you with the reassurance you need in this challenging situation.
What I do is bring you in. We talk about everything. Suppose you are retaining me for a loved one. In that case, I'll go out and see them and find out about the new case, find out about the strike case, look into their criminal record, see what they're doing with their lives, and decide whether they should be viewed as career criminals or given a break because maybe they're using drugs, and that's really what is influencing their conduct in the current case.
