Legal Question in Criminal Law in California

Civil Rights/Criminal Matter

Once an individual has served time for a criminal matter believing it is a one strike, is the State or Prison system allowed to come back and change from a one strike to a two strike conviction?? Is this a Civil Rights matter? Where can I look up three strike codes and our rights??? Thanks as we may need help. If we needed any attorney look for a Criminal or a Civil Rights Attorney or both. Three strikes is only within CA and does not apply to all states?


Asked on 1/04/02, 7:11 pm

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Civil Rights/Criminal Matter

Three Strikes is a California term. However, other states have career criminal statutes (including Texas), and I believe that a strike can be proven from another state with the correct documentation. So a strike in California may be a first offense under their career criminal statutes in another state if the documentation is obtained from California. In California D. A's from other counties have to get the documentation of priors from the county of the prior convictions to prove up Strikes.

The prison doesn't have anything to do with determining a strike. The D. A. files the complaint as a strike, and the person is convicted or pleads guilty as a strike to the court.

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Answered on 1/04/02, 7:47 pm


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