People v. Govan: Judges Have Discretion Not to Impose Strike Punishment
People v. Govan: Judges Have Discretion Not to Impose Strike Punishment California’s One Strike Law imposes significantly harsher sentences for sex crimes if committed under certain aggravating circumstances. However, in the case of People v. Govan, the court held that judges have discretion not to impose a sentence for a one-strike offender. If you or your loved one has been convicted of a serious crime that warrants a strike under…
Read More
New Law Would Mean Prior Juvenile Strike Crime Convictions Could No Longer Be Used In Adult Court To Strike Out An Accused
New Law Would Mean Prior Juvenile Strike Crime Convictions Could No Longer Be Used In Adult Court To Strike Out An Accused For years, persons facing a strike crime in California as an adult could be facing 25 years to life if the prosecutor could prove that the person had 2 prior strikes. Until now, one or both of the prior strikes could have been convictions that the person pleads…
Read MoreResentencing Can Still Be Refused To Inmates Convicted Under the Prior Three Strikes Law (California Penal Code 1170.126)
Resentencing Can Still Be Refused To Inmates Convicted Under the Prior Three Strikes Law (California Penal Code 1170.126) Prior to Proposition 36, the old “Three Strikes Law” required you to be sentenced to 25 years to life in prison if you were convicted of any felony and had two prior “strike convictions.” Now, under the new Three Strikes Law if you have two prior strike convictions, and are convicted of…
Read MoreProp 36 Drug Treatment And The Three Strikes Law In California
Prop 36 Drug Treatment And The Three Strikes Law In California The Prop 36 drug treatment law, known as the Substance Abuse and Crime Prevention Act of 2000, allows qualifying defendants convicted of non-violent drug possession offenses to receive a sentence of probation rather than incarceration. As a term of the probation the defendant must participate in and successfully complete a drug treatment program. If the defendant fails to complete…
Read MorePetition For Resentencing Under Proposition 36
Petition For Resentencing Under Proposition 36 Proposition 36 has passed. It allows certain inmates a right to recall their sentence if the felony that sent them to prison for life is not a violent or serious felony as stated in the new law. There are certain aspects of the law that you need to understand to make certain it applies to your case. An inmate is eligible for re-sentencing if:…
Read MoreCalifornia’s Three-Strikes Law And Crimes That Would Be Considered Strikes For Those With Prior Strikes
California’s Three-Strikes Law And Crimes That Would Be Considered Strikes For Those With Prior Strikes California’s three-strikes law can be very confusing and its impact is often misunderstood by those directly affected by it and their loved ones. It is very important for anybody currently being charged with a strike offense or anyone with a prior strike conviction to understand exactly what the impact of that is and how it…
Read MoreThe Stringent Effects of The Three Strike Law
The Stringent Effects of The Three Strike Law One can only hope to never be charged with a crime, let alone a crime that qualifies as a “strike.” California’s Three Strikes law is an extremely harsh sentencing scheme for people charged and convicted of certain types of crimes. While there are similar laws in other States, California’s Three Strikes law has some of the most severe restrictions and consequences. A…
Read MoreI’m Charged With A “Strike” In California – What Should I Need To Know?
I’m Charged With A “Strike” In California – What Should I Need To Know? California’s Three-Strikes and You’re Out Law went into effect on March 7, 1994. It targets repeat offenders, and dramatically increases punishment for persons convicted of a felony who have previously been convicted of one or more "serious" or "violent" felonies. Under the law, any new felony may be punished pursuant to the Three-Strikes law if a…
Read MoreWhat is a “Strike” and How Does it Affect Sentencing? California Penal Code Section 667
What is a "Strike" and How Does it Affect Sentencing? California Penal Code Section 667 California is notorious for its three-strikes law. The law has been on the books for some time, but there has been no real proof of its effectiveness in deterring crime. The three-strikes provision provides that a defendant who commits any felony with two or more “strike” priors must be sentenced to at least 25 years…
Read More