Legal Question in Criminal Law in California

Strike

A friend has a criminal case against for a drug possession. He went to his lawyer today, a public defender. He says the DA is saying that this case will be a stike against my friend. My friend already has one strike. I didn't know that possessing a controlled substance could ever be a STRIKE! Is this possible? The bad thing is that my friend didn't even know he had any cocaine in his pocket of his coat. A suposed ''friend'' found it in there and called the police on him. Please help me to better understsand the law. Thanks. SUZ


Asked on 7/22/04, 1:22 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Strike

I agree with Ms. Condes.

I want to add that it is extremely common for a defendant in your friend's position to claim that the drugs found in his pocket must have been left there by someone else. His explanation is not likely to persuade the D.A. to go easy on him, since the D.A. has heard the same story many times before. It is also not likely to persuade his jury, since chances are that none of the 12 jurors will have ever found anything valuable in their own pocket which had been accidentally left there by someone else.

Your friend needs a good lawyer and, unless he has *very* strong evidence to back up his claim, he will probably need a new argument as well.

Read more
Answered on 7/23/04, 1:59 pm
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: Strike

Without seeing the charging documents, I can't tell you why it is a strike. Generally, drug offenses are not strikes. The list of strikes can be found at Penal Code section 1192.7 and 667.5(c).

Read more
Answered on 7/22/04, 2:05 pm


Related Questions & Answers

More Criminal Law questions and answers in California