Legal Question in Criminal Law in California
3 strikes case
My husband is currently incarcerated under CA's 3 strikes law. However, one of his strikes used against him is a dismissed case in the state of Texas. Since this case was dismissed in the interest of justice and does not constitute a final conviction can CA use this case as a strike?
3 Answers from Attorneys
Re: 3 strikes case
California�s Three Strikes law is the harshest in the country. Are you sure that one of the strikes comes from the dismissed case? A defendant can obtain two (or more) strike charges arising from one single case. Was your husband able to discuss this with the defense attorney who handled the sentencing hearing? There are various organizations that are trying to change the law and you may find it useful to get in touch with them.
Re: 3 strikes case
If you're saying he was already convicted and sentenced, then asking the question "can they" is irrelevant and doing you and he no good. He would have to file an appeal if he has grounds for it. Hire an appellate attorney to do so.
If he hasn't yet pled or been convicted, then discuss the issues and plea bargaining with his attorney. If he needs to hire counsel and the case is in SoCal courts, feel free to contact me.
Re: 3 strikes case
If you're saying he was already convicted and sentenced, then asking the question "can they" is irrelevant and doing you and he no good. He would have to file an appeal. It sounds from your description as if he has grounds for it. You'll need to hire an appellate attorney to do so.
If you're saying he hasn't yet pled or been convicted, then discuss those issues with his attorney so he can take appropriate action. If he needs to hire counsel and the case is in SoCal courts, feel free to contact me.
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