Would 3 strike law apply to someone with 2 strikes who was just arrested for carrying a fake ID? 11 Answers as of May 10, 2012

The 3 Strikes law applies to any new felony.

There is not enough time or space to fully explain why '3 strikes and you're out' only applies to baseball. Under current law, with two strikes and a new felony conviction for literally anything the defendant might be subject to 25 to life. Often, however, depending on a number of factors not relevant here, a court might strike one or more of the prior strikes leaving the person eligible for a doubled sentence on the new felony offense. Hopefully here the false I.D. was not charged as a felony. In that case, upon a misdemeanor conviction, the court can consider the defendant's entire prior record, including the strikes, to determine an appropriate county jail term. Hope this helps.

Three Strikes only applies to felonies. Presenting a fake ID is a misdemeanor, unless it was used to commit grand theft or some other felony crime under false pretenses. Then, the penalty for the current felony is 25 years to Life!

No. Carrying a fake ID by itself is not a violent felony.

The third strike in the three strike law does not have to be a violent or major crime. It can be anything from a murder to carrying a false ID.

A third strike can be a consequence for a crime of identity theft.

It depends. It would at least apply to double the amount of time the person is subjected to. A Romero motion can be done based on the small time nature of the new offense to strike the strike priors.

It depends on whether the fake ID charge is a misdemeanor or a felony. Both are possible. If it is a felony, then the DA can charge it as a third strike. If a misdemeanor, then no strikes are available to the DA.

If the new charge(s) are filed as misdemeanors, then he's not looking at a 3d strike. However, if they file anything as a felony, then yes he is.

Carrying a fake ID is not typically a felony, so probably not.