Legal Question in Criminal Law in California

can a person getting charged with attempted murder and murder ask for a romero motion if he/she has no prior strikes?


Asked on 2/25/11, 1:47 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

That doesn't make any sense. The purpose of a "Romero Motion" is to strike prior conviction allegaions when a case is charged under the three strike statute. The sentencing court has discretion to strike prior conviction allegations although the case was charged under the "Three Strike" statute (Pen. Code � 667(b)-(i)). (Romero v. Superior Court (1996) 13 Cal.4th 497).

If you don't have any prior strikes, what would be the purpose in striking nothing?

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Answered on 2/25/11, 5:37 pm
Terry A. Nelson Nelson & Lawless

You can 'ask' for anything you like. IF and when the law applies to your case, then the court will make a discretionary decision on whether to grant a specific motion. Unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict you, hire an attorney who does. If this is in SoCAL courts, and if you�re serious about hiring counsel, feel free to contact me.

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Answered on 2/28/11, 10:49 am


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