Legal Question in Criminal Law in California

Re: Three Strike Law

Sometime Judges will suspend even "mandetory sentences." Call me directly at (619) 222-3504.

Re: Three Strike Law

Nothing is "mandatory" and virtually everything is subject to negotiations. However what appears to be going on is that the DA is treating one felony, probably the possession of drugs charge as a second strike and allowing him to plead guilty and receive twice the base term of 16 months which is how it works when you are treated as a second striker....all of this is subject to negotiation depending on a lot of different factors......Your friend should talk to the attorney representing the defendant and find out what is going on,, then make a decision about obtaining counsel....good luck pdm

Re: Three Strike Law

Thank you for your inquiry.

The third strike law doubles any existing punishment, and the minimum for a felony DUI is 16 months.

However, as Mr. McNeal suggested, the DA has the power to reduce charges or even request that a portion of the sentence be suspended. For third strike defendants, they rarely do so, but if there are some legal or factual defenses, that may give your attorney leverage to reduce the sentence.

I hope this helps, but if you have other questions, need more information, or feel that you might need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.

Re: Three Strike Law

There are too many variables and openings to 'negotiate' down from mandatory sentencing for anyone to tell you a firm answer. It's amazing what can be accomplished with the right approach. A lot depends on the relationship between defense counsel, DA and court. If he wants to hire counsel to try for a better 'deal' then contact me.