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How hard is it to for a Romero motion to be granted?

San Jose, CA |

My brother was convicted of residential burglary two years ago and in May of this year he was accused of grand theft yesterday the attorney that we hired advised him to plead guilty and said she was going to file a Romero motion what can me and my family do if anything to help get that motion granted? Also am starting to doubt the attorney’s capabilities and wether or not she is keeping my brother’s best interest in mind, what can i do about that?

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Attorney answers 3


You can not do anything about your doubts regarding the attorney because you brother is the client not you. Beyond that a Romero motion is always difficult to win but not impossible. It will depend on facts and circumstances which we don't know here in hyperspace. If you have questions about what you can do to help you should put aside your distrust and ask your brother's attorney.


Hopefully your brother has more faith in his attorney than you do. The concerns with respect to the Romero motion (to strike the prior strike, res. burg.) are the facts that the res. burg. was only two years ago and presumably involved similar conduct of theft.

If your brother is dissatisfied with his attorney, he and/or you should consider hiring another attorney for sentencing and/or considering to attempt to withdraw his plea. But be careful what you wish for.


A family can help in a romero by writing letters to the court and by being present for sentencing. Often times I will ask that family members assist by helping to show that the client has good "future prospects" and by having them do the legwork of tracking down resources that are available upon his release. For example, helping him get set up with a job or getting into a drug program upon his release etc. You should discuss these matters with the attorney and express your concerns. If you don't get the answers your need then discuss changing attorneys with your brother.