My Fiancé is being charge with a PC 21310. He returns to court this week for sentencing. He is going to get 6 years in prison i

f we do nothing to help him. I want to help him. Can he ask the Judge for more time so he can file a Romero Motion? Would a Romero Motion be appropriate in his case? When can he file for a Romero Motion if appropriate? The last strike (he says he should only have one strike, he’s not sure. There are two strikes.) was for domestic violence with regard to our relationship. When he got out of prison for the domestic violence charge, we got back together. Since then he has had a couple of parole violations (2). After that time (in 2006), we had three daughters and since then he has not been in any kind of trouble with the law. The PC 21310 charge is not fair to him because his motive was to go fishing and not to commit a crime or any kind of harm. How do we start with a Romer

Covina, CA -

Attorney Answers (3)

Greg Hagopian

Greg Hagopian

Criminal Defense Attorney - Visalia, CA
Answered

A few things to consider: 1. A domestic violence arrest is only a strike if a deadly weapon was used. 2. If you are being told that he is facing a sentence of 6 years, he must only have one strike, Any felony conviction with 2 strike priors would result ina 25-to-life sentence. 3. A Romero motion is appropriate in cases where because of the passage of time (6 years is marginal) and the lack of any further criminal record (sounds like this is marginal in this case as well) the judge should pretend as if the prior strike does not exist.
There isn't anything magical about the Romero Motion. The motion asks the judge to show leniency based on the argument that this person isn't the kind of person the three strikes law was designed to punish. The motion must be filed prior to sentencing, and is usually ruled on at sentencing. 4. A judge may choose to grant you more time if they feel that you genuinely are doing your best to be ready on the dates set. They may deny your request if they feel that you are not trying hard enough. If you have an attorney you need to discus this with them.

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Sean Anthony Brady

Sean Anthony Brady

Criminal Defense Attorney - Long Beach, CA
Answered

Mr. Hagopian already did a good job of explaining he legal significance of your fiance's past and the details of a Romero Motion, so I won't go into all that. What I want to reiterate is that your fiance should remain silent and not discuss this case with anyone, including you. Then he needs to get an attorney. He should meet with a few and choose the one he is most comfortable with. Most offer free consultations, including those at my office. Ideally he wants to choose an attorney who is familiar with California weapon laws. The reason for this is that sometimes law enforcement mistakenly charge people for actions that are not in fact crimes, because the laws are so complex. Just like law enforcement gets confused about these laws, so do some lawyers. So he wants to talk to someone who can tell him whether his particular knife actually is a dirk or dagger, or if it was actually carried concealed. And there are other issues for potential defenses that an attorney can determine upon speaking with him.

If he cannot afford a private attorney, the court will appoint him a public defender at his first court date.

Michel & Associates, PC
(562) 216-4444

All my comments here are intended for general legal purposes. None of my comments here establish an attorney-... more
Oscar Ernesto Toscano

Oscar Ernesto Toscano

Criminal Defense Attorney - Glendale, CA
Answered

I agree with my colleagues' good answers. If there is a need for a continuance, your boyfriend must file a written request for the continuance at least 3 court days in advance. We call this a 1050 motion. He can request his current lawyer to file the 1050 motion so that you and him have a chance to get another attorney.

(818)241-0806

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