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CA three strikes law, criminal procedure

Modesto, CA |

my son at 25 years old was offer 5 years but didnt take the deal not knowing now he's facing a third strike now . i do have a lawyer can we file FOR CRUEL AND UNUSUAL ?OR CAN WE GET THE FIRST OFFER BACK?HE KNEW HE HAD 1 STRIKE AGAINST HIM .HE HAD A PUBLIC DEFENDER AT FIRST HE WASNT TOLD WHAT HE WAS UP AGAINST IF HE DIDNT TAKE THE FIRST OFFER

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Attorney answers 3


If he didn't know this was a strike offense, and his PD will back him up on that he can ask the court to change his plea. Of course then he'll be back where he started, accused of a crime that bears a 3rd strike. But then at least you'll be in a better negotiating position.


Make sure the attorney checks and verifies that he does indeed have a strike. You wouldn't believe how many times the DA gets it wrong because of errors in RAP sheets.


If you have a lawyer then you should ask them. They would certainly, i would think, know more about your son's situation than we will ever know on an electronic forum. Good Luck!

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