Legal Question in Criminal Law in California

My husband has two strikes, one for armed robbery and one for strong armed robbery without a weapon. He received the first strike in 2000 and the second strike in 2002. He served jail time for both and successfully completed his parole almost 3 years ago. Now he is being charged with check fraud and is facing a possible third strike. I heard about the Romero Motion and wondered if this would be an avenue we should pursue in hopes of avoiding his third strike.


Asked on 9/09/12, 9:44 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

If he has an attorney, you should discuss defenses with him. If he doesn't have an attorney, no amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense.

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? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. 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, program, 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 the charges are in SoCal courts, feel free to contact me. I�ll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.

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Answered on 9/10/12, 12:27 pm
Joe Dane Law Office of Joe Dane

He's looking at 25 to life on paper. For a current non-violent offense, it would seem to be rather extreme for a judge to impose a life sentence for a check fraud case.

Yes, a Romero motion is one that should be explored. This is NOT a do-it-yourself project though. He absolutely needs an attorney. I can only assume he has one already.

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Answered on 9/11/12, 1:54 pm


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