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Question about California Three Strikes Law & assault & jail. He has history of alcoholism & violence and it's getting worse

Lansdale, PA |

He was arrested & charged w/ 3 felony assaults, 1 felony assault w/ deadly weapon & 2 DUI's - all in 1 event. Car impounded. Other facts are unknown but we assume he was drunk when this happened. He has intense anger problems. We assume he's being "dried out" right now in jail.
A yr ago in another state he was charged w/ assault (no details) and gun charges (attempted suicide, waiving a gun around, SWAT team). He made bail immediately & moved out of state. Bench warrant dropped because attorney sent letter stating he was getting alcohol treatment.
2 yrs ago (in town where he now lives) he was drunk & assaulted a police officer who approached him. Felony assault was dropped to misdemeanor because it was 1st arrest. He immediately moved out of state. Bench warrant issued.

How can there be 2 DUI's in 1 event? This did happen away from home. Could it be for driving to and then from the place where the violence started? We think the "assault w/ a deadly weapon" might be because he used his car to scare or ram someone or somewhere where other people could reasonably be threatened with harm. I am hoping he will get mandatory prison time. Needs to be in psych ward for at least a year

Attorney Answers 3

Posted

Sadly, this person needs a really good attorney and a long stay in a rehabilitation if he does not go to prison.

http://defendme.net | For confidential answers on Florida law, call 1.877.452.9457. Attorney James Regan, LL.M, Esq., is a Florida lawyer answering questions pro bono. Answering these consumer questions based on limited and unverified facts does not create an attorney-client relationship. Being posted on the internet, these questions and answers are not confidential. For confidential answers on Florida law, call 1.800.452.9357.

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3 comments

Asker

Posted

I am hoping however much time they want to put him in prison, that it'll be time spent in a mental hospital. He has issues from his childhood that need to be worked out. And the alcoholism. And we suspect he's bipolar with psychotic episodes. Once out and on his own again, I personally don't trust him to take his meds and stay in contact with doctors.

James Regan

James Regan

Posted

Make sure his attorney knows that he needs a mental health evaluation.

Asker

Posted

I left the pubic defender a message

Posted

It is unclear whether this occurred in Pennsylvania or not, because you reference California three Strikes Law and that he moved out of state a year ago. I will assume he lives in Lansdale and that this is where it occurred. Pennsylvania has certain repeat offender laws, somewhat similar to the three strikes law. However, this really only applies to certain felonies committed by individuals that have prior convictions to certain felonies. In other words, it appears that he has not been convicted of prior felonies and therefore it appears not to be a factor. The 2 DUIs is common. He will be convicted of one or the other offense. Hire an attorney ASAP.

Michael L. Doyle
(215) 900-5565

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2 comments

Asker

Posted

I messed up on location. His 1st and current arrests are in CA. The 2nd one was MA. Okay - so it's 3 convictions that are counted up.

Michael Lawrence Doyle

Michael Lawrence Doyle

Posted

You would need to speak to an attorney in CA. However, I do not believe that the 3 strikes refer to 3 arrests. Instead-it involves convictions and likely convictions for certain enumerated offenses. Try posting this on the pages for California attorneys.

Posted

This individual must retain a very well-qualified criminal defense attorney.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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