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.

Read more
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.

Read more
Answered on 3/08/10, 11:39 am


Related Questions & Answers

More Criminal Law questions and answers in California