Legal Question in Criminal Law in California

bringing in 2 out of state strikes to make 3 strikes?

I actually have 4 questions, but they are related; 1) according to CA law, can they bring in 2 strikes made in another state, to add to the 1 strike the offender made in CA? If they do that, can't he ask to be sent back to the state where offense occurred? Basically, he did not register in 5 days and this is one of his strikes (although I am going to give written testimony saying that he indeed tried to register, since he was on the phone with me, trying to find the place.) He can show proof of intent, and he was not trying to shirk his responsibility. 2) and in view of this, can the judge grant leniency and ''strike'' the current strike? 3) his current attorney quit her firm and can't represent him anymore, 3 days before his court appearance. Can we legally file for extension with the judge to find another attorney? or does an attorney have to do this? We don't want to retain another lawyer under such rushed circumstances. and 4) Is it considered unethical for the lawyer to just quit the case? Do we have any options/leeway in this area when pleading our case?


Asked on 11/22/07, 5:50 pm

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

Re: bringing in 2 out of state strikes to make 3 strikes?

In no particular order:

Convictions from other states count as strikes if they would have been strikes in California.

Judges have reasonably broad discretion to disregard prior strikes when imposing a sentence, but it makes no sense to talk about disregarding the current offense since doing so would nullify the conviction.

Courts have no authority to make a person leave one state and go to another except in extradition proceedings.

The abrupt resignation of an attorney from a law firm may take the individual attorney off the case but it leaves the law firm as counsel of record. You seem to think you have no lawyer but that is not correct. Another lawyer from the firm will have to take over.

There is no ethical requirement that the lawyer stay in her job if she wants to leave; after all, she must have several cases and there would never be a time when she could leave without affecting someone. The firm can't just leave you in the lurch, but that is not what happened.

Most courts would grant a reasonable continuance under the circumstances you describe.

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Answered on 11/23/07, 3:25 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: bringing in 2 out of state strikes to make 3 strikes?

To answer your questions fully and in detail, I would need to know more facts about the situation. However, let me give you some rough preliminary answers. Yes, generally the 2 strikes from out of state can be brought to California to enhance the sentence here and make it a three strike case. However, the judge retains a great deal of discretion and can dismiss the prior strike convictions "in the interest of justice." Generally speaking, there is a lot a skillful and dedicated attorney can do in these kinds of cases, especially when the third felony is not a particularly serious one, like failure to register.

With regard to disciplining the prior attorney the answer would depend on facts. For example, did the judge grant the attorney's request to be relieved or the lawyer simply "disappeared" or in some way abandoned his duties to the client and the court? I would need to know more here to properly advise.

Generally speaking, you should not have problems obtaining an extension in your situation, based upon the information you provided.

Where is the current "third strike" case located?

I would gladly answer your questions in more detail. I am there to help and advise and I do not charge for talking :)

Regards,

Jacek Lentz

310.273.1361

www.jaceklentz.com

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Answered on 11/23/07, 5:26 pm


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