California’s
Three Strikes Law
The
California 3 Strikes Law labels certain criminal offenses as "strikes." Any
felony conviction for someone with two or more strikes in their
past can mean prison for life. The
law was intended to keep dangerous repeat offenders off the streets,
but there are many horror stories of non-violent people falling victim
to the law. An 18-year old with two burglaries on his record who
is arrested for possessing a minute quantity of methamphetamine at
age 20 can spend the rest of his life in prison. Stealing a
slice of pizza, or breath mints and a bottle of liquor can be enough
to make some prosecutors believe that you should be housed at taxpayer
expense well into your golden years.
Attorney
William C. Makler can not only help you understand the California
Three Strikes Law -- he may also be able to help you avoid becoming
convicted of a strike in the first place. He is available
for a free and confidential initial consultation to discuss
how the Three Strikes law may apply to your case; contact
us to
set up an appointment to speak with Mr. Makler, free of charge.
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What Counts as a Strike?
There are few hard and fast simple rules about what constitutes a strike and what does not. One definite rule, however, is that misdemeanors, such as most DUI / DWI charges, are never strikes. Some felony charges result in strikes, and some do not; it depends both on the crime, your situation, and whether your attorney can negotiate to keep a strike off your record.
To guard against gaining a strike, you need a lawyer who knows the laws well. William C. Makler has extensive experience dealing with the complexities surrounding the California Three Strikes Law. He can help you determine whether:
• Your offense does or does not fit in to the Three Strikes program
• You can use one of the possible safety valves that do not involve prison.
These depend on the crime, and include such measures as drug treatment or plea bargaining.
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Bear in mind, as well, that strikes gained in a 1st or 2nd offense can be stricken from your record after the fact. If a judge finds good enough reason to not treat previous convictions as strikes, he or she can strike them and bring about a lesser sentence. Judges make these decisions based both upon the person involved, the severity of the strike priors, how long ago they occurred, and the severity of the instant offense. They may not strike strike priors, however, for any personal antipathy they may hold against the Three Strikes law. It is beneficial to speak with a lawyer experienced in defending cases involving strike priors before assuming whether a judge is likely to strike a strike. If you or a loved one are facing a criminal charge with one or more strike priors alleged anywhere in the Tri-County area (e.g., Santa Barbara, Ventura, or San Luis Obispo), you may contact Mr. Makler any time for a free inital consultation. Simply complete the contact form at right. T |
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