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Three Strikes And You Are Out? California's Imposition of Injustice |
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History of California's Three Strikes Law |
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In 1994, the California Legislature made history when they enacted the "Three Strikes Law," thereby creating one of the harshest sentencing schemes in the country for all repeat felony offenders who committed “serious” or “violent” offenses after June 30, 1993.
Later, in 2000, the California Legislature enacted Proposition 21, which changed the Three Strikes Law, and expanded the definition of a strike for certain offenses committed after March 8, 2000. This expansion included new offenses, such as assault with a deadly weapon or force likely to create great bodily injury, witness intimidation and shooting a firearm from a vehicle.
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Defining the "Strike" Zone |
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The Three Strikes Law is an alternative sentencing scheme for repeat offenders which states that if someone commits any felony after he or she has been previously convicted of one “serious” or “violent” felony, then the Court must sentence the person to twice the normal amount of prison time and the person must serve at least 80 percent of the sentence. The Court is prohibited from granting probation or diversion, which means that the person absolutely must serve state prison time.
If someone has previously been convicted of two or more “serious” or “violent” felonies, then he or she is to be sentenced to life in prison with the possibility of parole.
What defines a “serious” or “violent” felony, under the Three Strikes sentencing scheme, is defined in California Penal Code §667.5(c) and §1192.7(c). “Serious” and “Violent” felonies include crimes such as murder, rape, oral copulation by force, lewd or lascivious act with a minor, robbery, carjacking, assault with a deadly weapon, arson, and/or any offense where the defendant allegedly inflicted great bodily injury or harm on another person.
As of January 1, 2007, there are approximately 41,220 second and third "strikers" in the California Department of Corrections (CDC).
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What To Do If You Are Facing A Strike |
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If you are facing three strikes, do not panic. An aggressive attorney who knows the system can fight for you to avoid spending a lengthy amount of time in state prison on strike charges. Strikes may be stricken by the Court and, in many instances, an experienced attorney can negotiate a favorable plea bargain in which all, or at least some, of the strike charges are dismissed in exchange for pleading to a lesser offense.
Sometimes, the attorney may need to obtain psychiatric records, prison records, parole records, old probation reports, and/or other important documents, to demonstrate that you were a completely different person in the past than you are today. An attorney may need to demonstrate (with character letters and recommendations) how you have changed your life for the better, and were making excellent progress until you encountered a difficult time, thusly ending up in a three strikes situation. In other situations, your attorney may work closely with a doctor to obtain a psychological evaluation in order to explain to the Court how, and why, you ended up facing strikes on your record.
You need a diligent attorney to insure your record will not be permanently tainted by the imposition of a strike, unless there are absolutely no other options available. If you already have one or more strikes on your record, then you will need to discuss all possible strategies and defenses with your attorney, including filing a motion to strike your prior strike convictions (Romero motion). You will also need an attorney who is detail-oriented to carefully review any alleged prior strikes to verify whether they are properly charged and should, in fact, qualify as prior strikes.
In some instances, the court and district attorney will refuse to negotiate fairly. You may need to take a third strike case to trial and fight aggressively to avoid spending 25 years to life in prison. This means investigation, potential expert testimony, and lots of diligent, attorney preparation, but you can never fight too hard for your freedom.
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Is Your Attorney Using An Investigator? |
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A thorough and competent investigation almost always makes the difference between an acquittal or a conviction. It is a foregone conclusion that the district attorney’s office and/or the attorney general’s office will be using every available resource to prosecute your case. This includes local police, detectives, the district attorney’s investigators and state investigators. It is absolutely imperative that you also have resources working on your side.
An effective investigation is a two-tiered process. First, in order to properly investigate a case, the defense attorney must always retain an investigator who has specific experience in that particular case. For instance, if the case involves a driving under the influence arrest, a former police officer who is also an expert in DUI and standardized field sobriety tests would be ideal.
Additionally, in the realm of criminal defense work, it is extremely beneficial to involve an investigator that has law enforcement experience, especially in the area of investigating and preparing cases for filing. These types of investigators have first hand experience investigating crimes, interviewing witnesses (especially difficult witnesses), working closely with prosecutors, testifying in court and the ability to identify “weak points” in the prosecution’s case.
The second tier of this process involves the attorney remaining active in investigation throughout the entire case, as well as providing investigative direction. However, it is vital that the attorney have faith in his investigator’s experience and ability. The importance of the attorney’s constant involvement needs to be emphasized, but an accomplished and competent investigator will not need to be “micro-managed.”
During a properly handled investigation, an investigator will locate and interview witnesses, gather records, review evidence and communicate with family members of the client. Every case is benefited when the defense attorney creates a “team” involving himself, the client and the investigator.
Qualified investigators in the Los Angeles area typically charge on an hourly basis, and virtually every case requires an investigator. If you cannot afford an investigator, you may be eligible to access public funds to hire an investigator. If your attorney can show that you qualify, the court may approve fees for an investigator.
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CALL US ANY TIME FOR A FREE CASE EVALUATION AND CONSULTATION :: 1-888-3 NO JAIL
Click here for free e-mail case evaluation. |
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LAW OFFICES OF SEAN TABIBIAN & ASSOCIATES
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9000 West Sunset Blvd #704 Los Angeles, CA 90069
TOLL FREE- 1.888.366.5245 Tel: 310-888-8700 Fax: 310-888-1116
email: sean@wedefendyou.com
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