Legal Question in Criminal Law in California

Re: striking a prior strike/process to get prop back

The phrase "striking a prior" makes it sound as if the prior is being removed from the defendant's record, but that is not really what happens. Priors are stricken at the time of sentencing on a new offense, and what really happens is that the judge strikes the allegation that the defendant has the prior. The prior itself remains on the defendant's record and can be used against him in the future if he is prosecuted for another crime.

If I read your question correctly, you hope to get the prior removed from the defendant's record before he goes to trial. As I explained, it doesn't work that way (you can try to get it expunged, but that is a different process altogether and I'm not sure how it would affect his potential punishment here). If he is convicted, his attorney can ask the judge at the time of sentencing to strike the prior. Whether the judge will do so depends on a lot of specific facts about the current offense, the prior offense and the defendant himself. It also depends on the judge's own view of striking priors.

Good luck.