Legal Question in Criminal Law in California

I am currently facing charges of 459 and posession of meth I have a strike for a prior residential burglary that was non violent and was only considered residential because I was caught in the laundry room of an apartment building and the laundry room was attached to the apt. building. I have 3 prison priors. I have been out and in no trouble since 2009 i am not on parole or probation. do you think I could get my strike stricken and qualify for a drug program?


Asked on 1/20/13, 1:29 am

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

It's possible, but it depends on the specific charges filed by the DA, your entire record and any prior attempts at rehab... and what your lawyer can work out on your behalf.

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Answered on 1/20/13, 7:33 am
Terry A. Nelson Nelson & Lawless

Anything is POSSIBLE. But, the honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc., and only after discussions with the prosecutors. Based upon what you admitted, you are a repeat felony offender asking to be treated like a first timer drug user. Your attorney will have done a great job if he keeps you out of prison.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

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Answered on 1/21/13, 11:08 am


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