Legal Question in Criminal Law in California

My husband is taking a deal with 2 strikes for a residential Burglary, say he gets sentenced already and goes up state and they find another residential burglary on him while he's up state, will they bring him back and charge him with it and strike him out? Or will it run concurrent with the time he's already taken??

Asked on 6/28/13, 5:30 pm

1 Answer from Attorneys

Randy Collins MacGregor & Collins, LLP
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If your husband is charged with an unrelated residential burglary, then that could potentially be an altogether new case.

However, if the crime occurred in connection with the offenses that your husband has previously been charged with and pled guilty to, then it is possible that the prosecution may be barred from bringing the new charges at a later time. This is referred to the law of Kellot. The basic premise is that the prosecution should bring all related charges that naturally flow from a crime at one time. This prevents individuals from suffering subsequent prosecutions for related crimes that should have been brought in a single criminal complaint.

This answer is for informational purposes only and is not intended to provide legal advice or form an attorney-client relationship. This should not be relied upon for any specific situation. If you need legal advice specific to your needs, you may be best served by contacting us for a free confidential case evaluation. Call 949-250-6097 or fill out our contact form at www.cmcdefense.com to take advantage.

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7/01/13, 2:09 pm

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