Legal Question in Criminal Law in California

3 Strike Rule

I would like to know if there is a statue of limitations on any strikes in the state of Calif. Example..My estranged husband already has 2 strikes going back to the 80,s..do they still stand or have they exhausted?


Asked on 11/18/06, 5:03 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: 3 Strike Rule

Strikes never expire. However, a sentencing judge has some discretion to disregard prior strikes, and their remoteness in time is one factor she may consider when deciding whether to do so. Keep in mind that a judge could choose to disregard one of your husband's strikes but not the other.

Your husband should presume that, if he is convicted of a new crime, both of his strikes will be held against him. He should conduct himself accordingly.

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Answered on 11/19/06, 7:48 pm
Terry A. Nelson Nelson & Lawless

Re: 3 Strike Rule

Exhausted? Sorry, but dream on. Convictions and Strikes are forever.

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Answered on 11/18/06, 6:17 pm


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