Legal Question in Criminal Law in California

Enhancements

My son plea bargained two years ago for twelve years. 8 + 4 with enhancements. With the Supreme Court's decision earlier this year regarding enhancements in California, can we get the added years dropped or at least reduced? What I am looking for is a realistic answer. I spent $10,000 on an attorney at the time of his arrest and he accomplished nothing more than the public defender could have done. I can't afford a lot nor do I have the money to waste if it will all be for naught. I will be more than willing to try though if there is a chance!


Asked on 4/04/07, 3:18 pm

3 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Enhancements

Whether or not the sentence was the upper term will one factor to determine whether of not Blakely v. Washington is applicable. I do not believe that Blakely applies to plea bargians in which the defendant admitts priors as the basis for enhancements. I would be happy to discuss your son's case to see if Blakely applies. Contact me directly.

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Answered on 4/04/07, 4:02 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Enhancements

Whether or not the sentence was the upper term will be one factor to determine whether or not Blakely v. Washington is applicable. I do not believe that Blakely applies to plea bargians in which the defendant admits priors as the basis for enhancements. I would be happy to discuss your son's case to see if Blakely applies. Contact me directly.

Read more
Answered on 4/04/07, 5:43 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Enhancements

As a general rule the appellate courts do not set aside plea bargain for sentencing errors, except when the sentence violates the plea bargain. The change in sentencing required by the supreme court may have some affect on your son's case.

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Answered on 4/17/07, 1:21 pm


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