Legal Question in Criminal Law in California

my mom was arrested for petty theft and forgery she has not been in trouble since 93. In 93 she was convicted of armed robbery and took a strike. My mom is a bipolar addict and alcoholic and desperately needs a program. Her pd tried to get the romero act but the judge denied it. They are offering her 4 yrs in prison. Is there any hope for a program? please help


Asked on 11/14/09, 6:16 am

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

There is no way to answer this question intelligently without a complete review of all of the evidence, including the circumstances of her prior conviction and her current charges.

Her lawyer should have all of this information, and has tried to get the judge to dismiss her prior strike conviction by filing a Romero motion. Because she has a strike, the judge is required to send her to prison if she is convicted; she cannot get probation, with or without a program.

Most public defenders are good lawyers, but they do have heavy caseloads. Her lawyer is in a better position to advise her than a stranger on the Internet who doesn't have all the facts.

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Answered on 11/24/09, 11:00 am
Terry A. Nelson Nelson & Lawless

Her only intelligent option is to hire legal counsel to defend her and use her facts, evidence and defenses try to negotiate a deal she can accept, rather than face mandatory sentencing with enhancement by a prior strike if she simply pleads or loses at trial. That's what attorneys are for. If serious about doing so, feel free to contact me. If she can't afford private counsel, apply for the public defender.

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Answered on 11/24/09, 2:14 pm


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