My daughters car was used by her cousin to commit robery on 2 girls in a parking lot while daughter was shopping. Victums id'd my niece but couldnt ID my daughter. However the vehicle was my daughters, she was on parole, & had 2 strikes prior. ...
Sorry but Proposition 57 does not apply to violent crimes. A robbery is always a violent crime under California law and does not have to be committed with a weapon in order to be charged as a robbery. A robbery is defined as taking of property by force OR fear with the intent to permanently deprive the person of their property. So threats to harm someone which then causes the person to give up their property, even if a weapon is not produced, is still a robbery. And considering your daughter had two strikes it is unfortunate she did not change her ways. But in actuality she got off relatively easy since with two strikes she was facing 25 years to life. And if your daughter was just merely shopping and not involved in commission of the crime, not sure how she was guilty unless the she was actually in the parking lot with her cousin and drove her away from the scene. Does not sound like you got the whole storySee question
The defendant was arrested in the early morning hour (5 AM) after a short chase by the police and he was found to be in possession of the victim's phone that was taken during a carjacking. The victim's wallet was also found a short distance, about...
People completely misunderstand the role of the police and DA. The cops arrest and when they prepare a police report, put down the charges they think apply. Once it is forwarded to the DA, they can file the charges they think are appropriate based on additional investigation and review of the police report. They are not bound by what the police wrote but can file what they think they can prove. Apparently the victim identified the defendant from a six pack or photo lineup after a plea was entered. However, if the defendant pled, there will probably a Kellett motion filed, since the DA legally has to bring all the charges they feel are appropriate at the same time. They can't file charges piecemeal. Obviously someone in the DA's office jumped the gun by letting the Defendant plea to a misdemeanor. It is probably too late for the DA to do anything.See question
My brother explained to me he multiple 2nd degree robberies and it was told that he's doing 85% of his time but his abstract of judgement says it's 1/3consecutive non violent time.
No, A robbery is a violent felony under the three strikes law and can never be non-violent, whether it is 1st or 2nd degree. Not sure why his abstract of judgment would indicate otherwise because even if he pled to non-violent offenses along with the robbery, the 85% controls both the violent and non-violent crimes.See question
I rcv'd a felony wobbler in 1996 and was sentenced to probation, I explicitly said I would not take a plea deal if it resulted in a strike the judge, atty and DA all said it would not be a strike. In 2007 I was charged with a felony they went ...
Yes the law could have changed so that the charge you pled to in 1996 was not a strike but a subsequent proposition passed by the voters changed that. Defendants are assumed to be aware that the law can change and you are bound by it. A good example is a PC 422 which was NOT part of the original strike law but was subsequently added by the voters by a proposition after the passage of the three strikes law.See question
My son is in a federal prison already convicted. The state has picked him up today to try him on another case. However the San bernardino county was sent a demand letter in early January and they just picked him up today
No. Speedy trial rights do not kick in until you are are arraigned on the charges and then the clock starts running. On a misdemeanor the state has a year to prosecute and on a felony, generally 3 years. So as long as the statute of limitations has not expired, then the state can take their time.See question
One week later and my car was kept. When I began to sue the company they called police on me and said I threatened to kill them. Lie! I was arrested thrown in Jail for seven months and after a drawn out court trial I accepted a plea & took a Cruz...
Time to contact your public defender and get this taken care of. If you didn't surrender, then you have a bench warrant out for you. And since you got out on a Cruz waiver, your plea bargain is gone and you have exposed yourself to more time. And by the way, you can't just withdraw your plea by the way. You have to have a legitimate legal reason. When you took the judge took your plea, he or she would have asked you if you understood the charges, the defenses and if you had enough time to talk to your attorney. He or she would have asked if you had any questions. Unless the plea was knowing, voluntary and intelligently made, the judge would not have taken your plea. Sounds like a case of buyers remorse, which is not a legitimate legal ground. You had seven months in custody to think about what you were doing. No one put a gun to your head and made you plea. Time to man up and do your time.See question
What happens if a jury don't finds you guilty of premeditated? But can they still charge him with gun enhancement 12022.53 and gang enhancements at the same time?
Attempted murder. And yes of course he can be charged with use of a gun and gang enhancements at the same time. The only thing premeditation goes to is the degree meaning no premeditation could reduce it to a an attempted 2nd degree murder.See question
State of California. 17 male, 18 female. Less than 1 year apart. Parents of minor consent to the relationship. Minor is normally located in Florida, which has more lenient laws on statutory rape than CA, but the interaction in question would take ...
What is it with Sacramento and all these sex questions? In any event, none of the things you describe can be done with a 17 year old. He is a minor and minors CANNOT consent to any sexual contact in the State of California. Period. Parents cannot consent to their minor kids having sex either. They could be charged with contributing to the delinquency of a minor. Doesn't matter what state he is a resident of so long as the sexual activity happens in California. While statutory rape means vaginal penetration, the other acts are all illegal with a minor. Best wait until you turn 18 and then have at it.See question
My daughter dated a 18 yr old , since she was 16 and he pressure her to have sex , after that he dump her now she's 18 yrs old and I just found out , can he get in trouble ?
If the statute of limitations has not run, he may be guilty of misdemeanor statutory rape. I would file a police report and see where it goes. But the prosecutor may not be as eager to prosecute if he or she thinks they cannot prove it beyond a reasonable doubt.. Good luck.See question