Legal Question in Criminal Law in California

1st felony DA WANTS TO CHARGE 3 STRIKES and offer no plea,is that possible?


Asked on 4/24/14, 9:03 am

3 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

As a Former Deputy District Attorney, I can tell you that the answer is YES. The DA does not have to offer a lesser charge or a lesser sentence, if they feel they have a good case, and the facts and prior history, warrant such an offer, or non-offer. You obviously need a very good law firm in this case. I wish you the best......David Wallin

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Answered on 4/24/14, 9:42 am
Zadik Shapiro Law Offices of C. Zadik Shapiro

You cannot be charged with three strikes without any prior felonies unless several felonies are charged simultaneously. However under the one strike and your out law certain sex crimes can be charged with consequences similar to the Three Strikes law. If you have any questions you may call me at 415-336-7534.

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Answered on 4/24/14, 11:25 am
Edward Hoffman Law Offices of Edward A. Hoffman

The D.A. never has to offer a plea deal. That's entirely up to him and his office.

Whether the three-strikes law applies in this case will depend upon the charges and the defendant's history. As Mr. Shapiro notes, even a defendant who has no history can be charged with multiple felonies.

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Answered on 4/24/14, 12:46 pm


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