Legal Question in Criminal Law in California

Re: 3 Strikes youre Out 4 Life!

I agree that the three strikes laws are unfair and overly harsh. Unfortunately, the courts have upheld them. Nothing in your question suggests that there is a basis for a challenge to your uncle's sentence.

A sad reality of being a long-term inmate is that some loved ones will probably die while you are behind bars. The law does not generally view that as a reason to let inmates out, even temporarily.

It is possible that, some day, California will decide three strikes was a big mistake and will commute some of the resulting sentences. The state's current budget crisis, coupled with the enormous cost of keeping people in prison and the federal mandate that the state improve prison medical care, may help bring this about. I doubt, though, that it will happen anytime soon.

I wish I could be more encouraging.

Re: 3 Strikes youre Out 4 Life!

If he was sentenced to life without parole, he is not coming out. That's what the 'life' law means. If he was sentenced to a specific number of years, he'll get out on schedule, possibly reduced by a percentage for good behavior time. His sad story is irrelevant once convicted and sentenced, and your retelling of it is not doing you or he any good.

You could hire counsel to try to seek a court order for 'compassionate' furlough to attend a family funeral if that occurs, but that would be rare to achieve.

You could hire counsel to review the record to see if there are any grounds for appeal, as long as you're willing to commit to the substantial fees and costs of that review and an appeal.

Feel free to contact me if serious about taking either of those actions.

Re: 3 Strikes youre Out 4 Life!

If he was sentenced to life without parole, he is not coming out. That's what the 'life' law means. If he was sentenced to a specific number of years, he'll get out on schedule, possibly reduced by a percentage for good behavior time. His sad story is irrelevant once convicted and sentenced, and your retelling of it is not doing you or he any good.

You could hire counsel to try to seek a court order for 'compassionate' furlough to attend a family funeral if that occurs, but that would be rare to achieve.

Depending upon whether it would be timely, you could hire counsel to review the record to see if there are any grounds for appeal, as long as you're willing to commit to the substantial fees and costs of that review and an appeal.

Feel free to contact me if serious about taking either of those actions.