Three Strikes Reform Act -- Prop 36

On November 6, California voters passed the Three Strikes Reform Act.  If you are currently charged with a California Penal Code offense, the new law provides that if you have two or more "Strikes," which are prior convictions for "Serious" or "Violent" felonies (as defined in the California Penal Code), you CANNOT receive a Three Strikes 25-years-to-life sentence unless the current felony is also a "Serious" or "Violent" felony.

That is the general rule for current cases, and there are exceptions.  For example, if your prior conviction is for certain type of sex offenses, you may not be eligible for relief under this act.  Also, if you current offense is a drug offense with a weight enhancement, even though it is not a Strike offense, you may also be sentenced as a Third Striker.

I have a great deal of experience in these matters, and I will be able to explain to you, if you are charged with a new crime and have two or more “Three Strike” prior convictions, how the new law will affect you.

Inmates in Custody

Most importantly, there are thousands of inmates in State Prison currently serving Three Strikes, 25 years-to-life sentences, where they had two or more prior Strike offenses, but the offense for which they were convicted was not a Strike offense.  All of these inmates are eligible to petition the court to get released.  However, the Three Strike Reform Act treats these inmates differently – in these cases, the court still has the discretion to keep the inmate in custody, if "in its discretion, determines that resentencing the inmate would pose an unreasonable risk of danger to public safety."

To that end, the court is to consider the inmate's criminal conviction history, including the types of crime committed, injury to the victims, the length of the prior prison commitment, remoteness, the inmate disciplinary record while in prison, his record of rehabilitation, and any other evidence the court sees as relevant.

in other words, it is very import to choose a great lawyer, dedicated to getting the inmate released from custody, as it is a labor intensive and complicated process, as a slew of materials must be gathered that put the inmate in the best possible light before the court, including support letters, old police reports, and prison records.

As this is the last and only chance to get the inmate out from under a Three Strikes life sentence, I will take the time to meet with family members and explain the process, and I will meet with the inmate in State Prison, to expedite the process, and get the case before the court at the earliest opportunity.