Legal Question in Criminal Law in California
legal help
if u are sentenced with three strikes and are incarcerated for five years is there anyway u can have some strikes taken off
Asked on 5/10/07, 9:25 pm
2 Answers from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: legal help
Your question isn't clear. A three-strikes sentence would be at least twenty-five years, not five.
If you mean that the defendant has already served the first five years of his three-strike sentence then there is probably nothing he can do. I can imagine circumstances in which a habeas corpus petition might accomplish this, but such circumstances are uncommon.
Answered on 5/10/07, 9:29 pm
Daniel J. Mangan III
JuryTrialJustice
Re: legal help
HMMM..not likely at all, theoretically a habeas might lie, very, very difficult. Limited issues even if a habeas petition would be available. Not enough info here for any opinion at all.
DJM
Answered on 5/10/07, 9:56 pm
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