Legal Question in Criminal Law in California

Romero Act

Can an ex-felon with a strike, has been off parole for 2 or 3 years now and picks up a felony poss.of contr susb charge utilize the Romero Act to get into a program instead of prison time/or getting another strike?

Asked on 4/19/09, 9:19 pm

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Re: Romero Act

It's a Romero motion and yes, your attorney should pursue this. If you're sentenced on a new felony and have a prior strike, your sentence will be doubled. You may also face an additional year in prison for the prior if you haven't stayed out of custody for over 5 years.

Depending on more facts (what your prior was for, the exact charges you face, etc.), you may be eligible for a program even without a Romero motion.

And - FYI: Not every felony is a strike. You say you have a prior felony strike, but you ask if you can avoid getting prison time/or getting another strike. Possession of drugs is not a strike offense.

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Answered on 4/20/09, 9:57 am

Terry A. Nelson Nelson & Lawless

Re: Romero Act

The answers will come from the DA and judge as part of plea negotiation with your attorney, just like always. If you have 'strikes', they can sometimes be 'stricken' as part of that negotiation, in order to avoid the enhanced sentencing strikes require. If you're serious about getting legal help in this, feel free to contact me.

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Answered on 4/20/09, 2:42 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Romero Act

Prior strikes can be dismissed by a hearing on the so-called Romero motion. There are a lot of factors that a judge will consider in deciding whether to strike a prior strike conviction, for example, how serious both the past strike offense and current offense are.

Cases involving prior strike convictions require a great deal of diplomacy, negotiating skill and perseverance on the part of the attorney representing you. I would call a couple of lawyers to get a sense of who would be best for you.

Jacek W. Lentz, Esq.


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Answered on 4/20/09, 4:51 pm

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