Legal Question in Criminal Law in California

My boyfriend was arrested for driving without owner's consent and resisting an arrest...which he ran from the police but the k-9s got him and chewed him up pretty good. The prosecuter says that there is a strike against him or want to give him a strike from 2009 assault with a deadly weapon which is not true.He had no weapons whatsoever. I am having a hard time p0ulling up his records from all countied, How do we prove there are no strikes or prove that there were no waepons involved? How woud I get a hold of his criminal records from all counties?


Asked on 1/26/11, 1:39 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

You don't, those records are not available to you. HIs attorney will have to deal with this. He either has a felony conviction or he doesn't. If so, he has a strike.

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Answered on 1/27/11, 1:18 pm
Anthony Roach Law Office of Anthony A. Roach

If the prosecutor is charging him with having a prior strike, the prosecutor has the burden of pleading and proving the existence of the earlier charge. At his arraignment, his attorney would be handed a packet that includes the criminal complaint, and a police report, including a list of prior convictions. That list tells you where to look.

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Answered on 1/29/11, 11:35 am


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