3 Strikes Law

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3 Strikes Law

Is Penal Code 69 considered an automatic strike the same way Penal Code 422 is? Can someone receive three strikes from just one case? My boyfriend has been arrested and charged with three different felonies and they are trying to strike him out on those alone. He has a somewhat extensive record, but no prior strikes. Is it possible for him to beat this case with a public defender? All they have to go on is the arresting officer’s word and it’s not true. We don’t have enough money for a lawyer and are running out of options. Any suggestions?

Asked on June 24, 2009 under Criminal Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1. If he has an extensive record and has now committed these other acts, why are you supporting him?

2. Yes, they can strike him out off of one crime if charged with three separate offenses.

3. It is always to beat a case-- question is is his public defender experienced enough? Does he or she have a large caseload? Your boyfriend's record will be used against him.  They probably have more to go on than the arresting officer's word -- you just don't know it.  See, if he has already had his probable cause hearing, he is going to be set for trial. 

4. If you don't have money for a lawyer, the only other avenue is to simply consult with a private criminal defense attorney and see if the person is willing to take it pro bono or at a discount.  Try www.attorneypages.com and check his or her disciplinary record at www.calbar.ca.gov under attorney search.


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