Legal Question in Criminal Law in California

In prison for 7yrs, do i fight or take a deal?

My fiance has been in prison for the past 7 yrs for second degree robbery, he took a deal for 7yrs and an automatic 2 strikes bak in July of 2002. He was about to be released from prison when he had a hold placed on him for robbery, a bench warrant that was issued on him on Dec. 5th 2002. Now he is going to go back to court on March 19. He submitted his 1381 responses TWICE to the DA's office to go to trial years ago and he didn't get any response from the DA. Now they wanna prosecute. We don't have money for a lawyer and he don't wanna do anymore time or become a 3rd striker. Were hoping for a dismissal but if they don't dismiss it should he take a deal or fight this as his rights for a trial years ago had been violated? We just need some kind of direction as to what he should do please if anyone can offer any it was be greatly appreciated.


Asked on 3/16/09, 6:10 pm

2 Answers from Attorneys
Matthew Koken Law Office of Matthew S. Koken

Re: In prison for 7yrs, do i fight or take a deal?

You should definately fight this. You have done all you can do (serving them with notice to bring all other possible charges). If they did not bring them at that time they should not be allowed to bring them now.

A Public Defender may be able to help you with this.

If you would like to discuss things further feel free to contact me. Best of luck.

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Answered on 3/16/09, 6:16 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: In prison for 7yrs, do i fight or take a deal?

He should fight it. Since he can't afford to hire a lawyer, he will be assigned a public defender. Once the P.D. knows the case, she will be able to tell your fianc� whether he has a good shot at a dismissal. If she can't get the case dismissed, the PD will advise your fianc� whether to go to trial or try to make a deal.

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Answered on 3/16/09, 6:18 pm


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