I was wondering what the chances I have at having a Romero Motion granted. I have a prior Strike (Robbery) (3 Years Prison) that happened 20 years ago (1997). I also have a drug possession case from 2005 (32 Months with 80%). I have been out for 9 years now, and had recently moved back in with the family to help with my elderly parents. The police arrested me for Felon in Possession of a Shotgun, because my Mom's Shotgun (Registered and Owned by Her) was stored in a closet in my room. The DA is offering 32 months with 80% at the first court date because of the prior strike from 1997. I have been out from the drug possession charge for 9 years and have really changed my life for the better. I have a full time job, help take care of my elderly parents, and also have a 8 year old son that I provide for and is a big part of my life. Do I have a chance at getting a Romero Motion, and getting 16 months with half? Thank You.
Sure - you have a shot, but we are all just speculating whether it will be granted.
You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.
Orange County Defense Attorney - 20+ years experience.
With the facts you laid out, it sounds like you're attorney should have a shot at a Romero motion...20 years old....good facts on the new case....so, yes....your lawyer should file the motion.....I hope that helps.....david Wallin
Impossible to say. Really depends on the judge, whether the DA is strongly opposed to the request and other factors. It sounds like you have a good shot at convincing the judge to exercise his or her discretion under PC 1385 to dismiss your prior strike, but be aware that most Romero motions are denied because the California Supreme Court has set forth some very stringent guidelines for the court to take into account in determining whether to grant the request. Good luck.
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