Legal Question in Criminal Law in California

Re: Felony 1st Strike

Dropped?? You're dreaming, right? It is natural, and nice, that you think the best of a child, and believe their stories, but... Prosecutors don't charge strike felonies with prison time only to 'drop' them out of warm and fuzzy sympathy. They wouldn't have charged it that way if there weren't facts to support it in their opinion. IF this is handled well by a competent attorney, with the right witnesses, facts and evidence, it may be possible to win at trial, or possible to keep it down to a misdemeanor plea that could later be expunged if he stayed out of trouble. Feel free to contact me if you get serious about providing him counsel.

Re: Felony 1st Strike

If you are willing to challenge the charges and retain an attorney he has a chance. Do not leave him to a public defender. Contact me directly 20 years experience.

Re: Felony 1st Strike

If he hasn't already accepted a plea deal, you need to find a good lawyer to review the case with him. If the government is seeking a strike on this, they are not going to "drop" it. You need someone to evaluate the case and see if there is any negotiating room with the DA. Otherwise, if he doesn't want the strike, and he doesn't want the felony plea deal, the only thing to do is fight the case and go to trial.

Feel free to contact me if you have further questions.

Re: Felony 1st Strike

Plea bargain for a lesser offense. A felony for kneeing someone sounds excessive, but it depends on who he kneed, where he kneed them and how much damage was inflicted.

Request the prosecutor file a lesser charge, one that does not entail a strike, and request he add on Parole for a longer period of time in exchange for the lower charge.

This way, after he serves his time and parole/probation, he can Motion the Court to expunge his record. (Be sure the lesser charge is one that can be expunged) the prosecuting attorney should let you know if it is or not...just explain the situation and why you need the charge to be lower.

Good luck.

Scott

ImInnocent.com

Re: Felony 1st Strike

Thank you for your inquiry. It is in some cases possible to get a strike off your record, using a variety of means -- from fighting the charges, to bringing motions at various stages in the case.

If you are interested in discussing details of his case, please email me anytime directly at [email protected], and thank you again.