Legal Question in Criminal Law in California
I have a question about prison priors. my brother was in prison and sent to a drug treatment furlough in 6/04. something happened and all of the men at furlough were sent back to prison. he stayed in prison until 10/04. he was then on parole for 2 or 3 yrs. he got in trouble on 8/8/09. he says they d.a can not use the prison priors because he was past the 5 yr mark..says the 5 yr mark would be 6/09. so, my question is which date would they be using, the 6/04 or the date when he got released from jail...10/04? he thinks that he is out of prison custody when you go to a furlough. i am confused here. his charges are not good ones....kidnapping, false imprisionment, assault with deadly weapon, inflicting bodily injury. the priors they are using are felon with a firearm, burgulary of a dwelling-1st degree, drug sales, drug posession, and another burgulary of a dwelling. they are saying something about alleged strikes, and violent crimes and serious felonies. i am so lost here.....
2 Answers from Attorneys
They can use all of those priors. They can use them to impeach him, and for sentence enhancement. I have no idea what he is telling you, but it sounds like a lot of BS.
Records are forever, there is no 'time limit' on using the priors, and felony priors count as 'strikes' in future charges. A 2nd felony conviction with a prior strike doubles the penalties. A 3rd conviction results in 25-to-life. That's why it's called the 'Three Strikes Law'. He obviously doesn't understand the operation of the law, nor the need to obey the law to avoid arrest, conviction and prison time. He faces multiple charges that each will give him 25-to-life. He is never coming out of prison.
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