Legal Question in Criminal Law in California

Overturning the CA Three Strikes Law

I heard recently that someone had their conviction overturned and he initially had received his 3rd Strike on a drug possession case. If this is true, how can I utilize this information to file an appeal for my loved one?


Asked on 9/29/06, 12:50 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Overturning the CA Three Strikes Law

Ms. Norwich misunderstood my answer. Of course your loved one can file an appeal (assuming the deadline has not passed, etc.); I did not say otherwise. All I said was that information about the other case you mentioned probably won't be very useful if he does.

The prospects of any appeal depend upon the specifics of the case. You provided no information about the case you want appealed, so there is no way Ms. Norwich or I can say how likely a reversal might be.

Convictions can be reversed for many different reasons. You did not say why the other case was reversed on appeal, and it is quite likely that the reasons would not be relevant to your loved one's case.

If you would like to discuss the case further you should feel free to contact me directly. I am certfified by the State Bar as a specialist in appellate practice so you can be confident I know how to evaluate the case. Only about 250 lawyers in California are so certified, and many of the others only handle civil appeals.

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Answered on 10/03/06, 3:36 pm

Re: Overturning the CA Three Strikes Law

I disagree with what the last attorney said. You can file an appeal on a case like your loved ones and he can possibly win. Contact our law office today so we can help you out in this matter. 760.243.5121.

Thanks and God bless.

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Answered on 10/02/06, 9:02 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Overturning the CA Three Strikes Law

You probably can't. The defendant didn't get the three strikes law itself overturned; he just persuaded a court that it should not have been applied to him. The law is still in effect. The fact that it should not have been applied in his case says nothing about whether it should have been applied in your loved one's.

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Answered on 9/29/06, 1:11 pm


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