September 10, 2014

Will accepting a strike on my record lead to a reduced sentence?

No. A strike is defined as serious or violent under the Three Strikes laws. For a violent felony, the person must do 85% of the time imposed. A first offense for a serious felony, although also a strike, will still make the person eligible for 50% time on the first offense. A second qualifying offense […]

September 10, 2014

What factors does a judge use in determining when to strike a strike?

There is not a single factor, but length of time between a previous strike and the current offense is one. This only comes into play when there is a current offense. A judge does not simply strike an offense from the record after the passage of time. People vs Romero is a case that allows […]