Legal Question in Criminal Law in California

My fiance's case..

My fiance has been charged with murder and it was a self defence case...My question is does the 3 strike law include him he has no prior criminal record this was his first offence and he is serving his time at calipatria state prison in california ...Honestly i cannot afford a lawyer but i want to no if he has a chance to get out soon he has been in there since 2003...Please let me no i dont no what else to do please help me ..


Asked on 3/17/08, 5:43 pm

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: My fiance's case..

Sounds to me like he has already been convicted. Did he go to trial? Did he plead guilty?

If he had no prior convictions, 3 strikes law would not technically apply but other sentence enhancements might have been used.

There might be ways in which his sentence could be appealed but it is impossible to tell based upon the scant information you provided. You should contact a lawyer to investigate whether anything could be done.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 3/18/08, 12:30 am
Terry A. Nelson Nelson & Lawless

Re: My fiance's case..

"Charged with" and awaiting trial? OR, convicted and sentenced? "Serving his time" clearly indicates conviction. If so, then he'll get out when his sentence is completed. Prior convictions count as strikes; the court file will show whether he was charged with strikes that automatically increased his sentence.

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Answered on 3/17/08, 6:18 pm


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