Legal Question in Criminal Law in California

If I am currently fighting a case for residential burglary, from two years ago, which is I understand is a strikable offense. Now I am worried that if I receive a strike for this case, and another case pops up from the past like this one did, will that be another strike?


Asked on 9/20/10, 1:57 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

"Pops up"?? You either already have priors, or you don't. If you do, yes they will 'pop up' on your rap sheet, and the DA will be able to allege them at 'strikes' if appropriate. If so, one prior 'strike' with double your penalties upon conviction in this current case. Two prior 'strikes' will put you away 25-life.

What can you do? Defend the charges. Go to court, enter your not guilty plea if appropriate, arrange bail or OR, set up and attend your court hearing[s] and trial date, file your motions as applicable, go to trial if you can't resolve it with a plea bargain. You can raise all your defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for plea bargaining or at trial. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, and can likely get a decent plea bargain for you. If serious about doing so, feel free to contact me.

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Answered on 9/27/10, 10:45 am


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