Legal Question in Criminal Law in California
if someone is wrongfully convicted and they have false testimony and false witnesses can they be given thr three strikerule?
Asked on 2/28/10, 10:57 pm
2 Answers from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
If the conviction has been reversed or set aside for the reasons you describe then it cannot be counted as a strike. But if it remains in place and the defendant merely claims that the evidence against him was falsified, the courts will not question its legitimacy. A court considering a later charge against the same defendant will not overlook a prior conviction just because the defendant says he was the victim of perjury.
Answered on 3/05/10, 11:22 pm
Terry A. Nelson
Nelson & Lawless
Convicted is convicted, regardless of claims of innocence. If the 3 strikes rules apply, they will be imposed.
Answered on 3/08/10, 11:39 am
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