It sounds like he may have several problems here. My first question would be, what is the federal hold for? Was he convicted of some federal crime? Or is it an immigration hold? Also, he's probably still on probation/parole for his prior conviction and looking at a probation/parole violation besides the strike.
My suggestion is if you guys can afford a private attorney you should meet with one of us local AVVO criminal defense attorneys who can fight on his behalf. Obviously if he ends up with the public defender he'll end up with an attorney who is paid out of the same pocket as the prosecutor.
I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com
Your facts raise some questions such as has he ever been to prison before? How old is the strike conviction? With a new burglary charge pending it matters if it is residential, if someone was home, is the probation for a felony. The best advice is to consult with a private attorney and retain one if you can. If there are new federal charges pending versus an ICE hold that will be critical as well. Good luck.
If convicted, the great possibility of prison on the state case, plus the possibility of consecutive time on the federal case (whatever that might be).
He/you should be hiring the best, locally experienced, criminal defense you can afford to sort through this mess.
Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
To Mr. Daley:
I don't know where to start.
How DARE you accuse Deputy Public Defenders of being less effective than private cousel because we're both paid by the County of San Diego. I have been a Deputy Public Defender for 25 years and I remember what this city's criminal defense system was like when it was all contracted out to private attorneys. So many of them, (blessedly not all) were in it for one thing - the money. Public Defenders are dedicated, hard-working extremely experienced attorneys in San Diego County and the indigent accused are very fortunate to have such a well-funded, caring program in place for them.
To the author of the question:
Beware of private attorneys that promise you the moon - as long as you're willing to pay their exhorbatant fees. They use scare tactics like this attorney did to try and make you think that your loved-one won't get excellent representation unless you sell everything you own and hire them. There are good private attorneys out there if you choose to go that route - but don't let anyone frighten you into it.
A great deal will depend on the reason for the federal hold since if he's not a citizen the hold may have been requested by ICE. If he has already been deported and came back he can be facing up to 20 years. Good luck.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.