What happens with 3 strikes law? 4 Answers as of June 07, 2011

My husband is facing the three strike charge for being in possession of a stolen play station 3. The DA has charged him with burglary and they have no evidence other then his priors back in 79. I hired an attorney but he doesn't seem to be helping me much. I'm doing all the foot work. My husband just got off of house arrest for being in possession of a stolen phone, but before all this he was released from prison in 1985 and been straight ever since. On 5/23/2011 and was arrested on 5/25/2011. My husband stated to the officer that he purchased the play station from a mutual friends of ours. They strike him even though his priors where before the 1994 three strike law.

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
If convicted of a 3rd strike, you get 25-life. The law is retroactive, all prior strikes count. However, everything in life is negotiable, and he can go to trial as a last resort. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. If you're not happy with current counsel, hire new. If serious about doing so, feel free to contact me.
Answer Applies to: California
Replied: 6/7/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
I'm not sure what your question is but anytime a person is charged with a felony who has two "strikes" in his past no matter how old comes within the 3 strikes law and is subject to a maximum sentence of 25 years to life. It does not matter that they occurred before the 3 strikes law was passed as long as the new offense occurred after the law came into effect. Such a sentence would rarely be sought for the type of crime your husband is charged with. Nevertheless it is a serious situation and hopefully you have a good lawyer. There are many strategies to consider in even a minor 3 strike case, and going to trial if your husband maintains his innocence of the new charge is one of them.
Answer Applies to: California
Replied: 6/7/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
First of all, he cannot possibly face a three strikes charge for possession of stolen property alone. Three strikes law applies only to violent felonies.
Answer Applies to: California
Replied: 6/6/2011
Law Office of Maureen Furlong Baldwin
Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
They can charge strikes pre-dating the 3 strikes law/ The older the strike, the more likely the reco4ds necessary to prove the strike may possibly not be available. This should always be looked into. The older the strikes, and the longer the period of time that the defendant has been leading a law-abiding life, the more likely that either the DA or the court would consider dismissing the strikes, thereby reducing the sentence. You also raise the issue that there is insufficient evidence to charge the defendant with burglary. A new charge of possession of stolen property can be charged as a felony or misdemeanor. Again, the less serious the current charge,assuming a felony, the more likely the court will consider "striking" the strikes.
Answer Applies to: California
Replied: 6/7/2011
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