Legal Question in Criminal Law in California

My son was arrested and faced a 3rd strike if convicted would have a sentence of 25 to life. After several lawyers the alternative public defender finally got somewhere when he filed a 995 motion to dismis the charge (first degree res.burglary) right after the hearing. (Granted in favor of defendant)the defense submited to the courts a guilty plea.But judge admited he didnt know if he could accept the plea. The judge stated he didnt know what the proceedure was he was never in a situation like this and he questioned who was right or wrong and stated hes not going to run into that.after defence made a statement stating the juge cant reject a guiltt plea right now.a recesss was granted so Da could look into it and woul see what DA wluld do..a recess was ordered and defense stood his ground on agreeing stating that once a plea is entered there cant be a refiling.the court states we dont need to put it over why keep putting stuff over.so. after recess the DA states that the court did not acceot the plea so the Da made an offer if the def.wants to plea to count 2 and admit his prior strikes and admit the one of 667.5 b priors the sentence woukd be 7 years w the advice of defense he acceoted the deal.is this how it shoukd have wemt down? and what was benificial for the defenfant in exchange for his guilty plea.?what would be the outcomr if the jydge shoukd have acceotef the guilty plea when it was submited and what deal did the defendant recieve in exchange for his guilty plea and why didnt the defense negotiate a better deal can a habeas coroes wtit offer any relief to defendant.he has been held in jail fir a year as his trial contunued After being convicted. For the 2nd degree burglary he started servingbhis sentence in Dec.and has been incarceratrd fir a yrar and 8 months.my ? Is did the judge make a mistakr by not acceoting the plea and dud DA take advantagr of thus matter by offerung a plea deal that served the defendant no benifits. I bekievebmy sin had been led to. Belueve thateven after the 995 dismisalnhe woas getting a deal by having that count dismissed but thst wasnt a deal .the count had notjung ti dodid defense. Faio to negotiate a better deal? And was there predjudice involveed?


Asked on 8/09/16, 12:36 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

To evaluate your sons case you need to take the records to an appellate attorney for review. The sentence your son is receiving is 1/3 of the maximum that he could receive. His case needs to be fully viewed with all of the records. A appeal or writ may result in the appellate court ordering the trial court to impose a harsher sentence.

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Answered on 8/09/16, 9:36 pm


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