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What would be the best outcome on a burglary charge if you already have one on your record?

San Jose, CA |

They have a burglary already on there record which includes a strike

Attorney Answers 9


  1. There are many elements that go into the outcome, is the person still on probation/parole for the prior burglary, did the person serve prison time. The courts also looks at the record of the defendant. It is always best to consult someone who has experience in this area and is familiar with the Courts.


  2. The best outcome would be a dismissal. Is it defensible? Do you have an alibi? Did you have consent to enter?

    How long ago is the strike conviction from? As our state’s Supreme Court has noted approximately seventeen years ago:

    [S]ection 1385(a) [of the Penal Code] does permit a court acting on its own motion to strike prior felony conviction allegations in cases brought under the Three Strikes law.

    People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 529-530.

    The California Supreme Court, in People v. Williams (1998) 17 Cal. 4th 148, affirmed this general approach, holding that the trial court:

    must consider whether, in light of the nature and circumstances of his present felonies and prior serious and/or violent felony convictions, and the particulars of his background, character and prospects, the defendant may be deemed outside the...spirit of the Three Strikes law, in whole or in part, and hence should be treated as though he had not previously been convicted of one or more felonies and/or had not previously been convicted of one or more serious and/or violent felonies.

    Williams, supra, at p. 161.


  3. The correct answer to what is the best outcome on a burglary charge given that one already has a prior burglary conviction is the prosecutor agrees to quickly dismiss the case. The fact is the best outcome will be obtained by hiring the best attorney that one can afford. Best of luck in finding an aggressive lawyer to work on your case.

    For a Free Consultation Call: 408.516.4645


  4. As the other lawyers have mentioned, it's time to hire a lawyer to assist. Having a prior strike and picking up a new felony such as burglary can cause serious consequences.


  5. Order declaring prior conviction unconstitutional/striking and vacating prior conviction. Then dismissal followed by finding of factual innocence and order to seal and destroy records.


  6. Consult a criminal defense attorney. Of course, the best outcome is dismissal given the facts of your case. However, if those same facts lead to a conclusion of guilt, and if you plead guilty or get convicted at trial, your record can come in to enhance your punishment for purposes of a plea bargain or at sentencing. Also, if you do decide to take this current case to trial, the prosecution can try to bring in your prior burglary conviction under 1101(b) and the judge has discretion to allow that prior conviction to be heard by the jury.


  7. Acquittal.

    You are presumed innocent until proven guilty beyond reasonable doubt. Retain an experienced local criminal procedure litigation attorney to help resolve the matter or ask for the public defender at the next court date if you cannot afford private counsel.
    Go to Trial: Crash the Justice System http://www.nytimes.com/2012/03/11/opinion/sunday/go-to-trial-crash-the-justice-system.html?_r=0
    Not contemplated by the Framers! The Devil’s Bargain: "95 percent are resolved by plea bargains." http://shar.es/xdVIY #cjreform

    Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

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