Legal Question in Criminal Law in California

Three strikes Law

If i had one shopfliting in other state out of CA and one shopfliting in CA three years ago. But now i stay in CA and I will have to court for the new shopflipting. In thic case If i have to be under CA's three strikes law or not? Thanks


Asked on 7/10/07, 1:16 pm

3 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Three strikes Law

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question really depends on what is charged in the complaint. If the prosecutor in your case finds that the charge out of state is substantially similar to what a strike constitutes here, you may be charged with one. I agree with my co-counsel, Mr. Stone, in that theft cases alone are generally not strikes (strikes usually have to be a violent felony, or a residential burglary), but the real concern is what's charged against you in the official documents.

I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can. Thank you.

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Answered on 7/11/07, 12:47 am
Terry A. Nelson Nelson & Lawless

Re: Three strikes Law

You'll find out at your arraignment when you see the Complaint against you. The DA will charge you with everything he can, including 'strike' enhancements. If pled as a 'strike' case, you'd better handle the defense correctly and effectively unless you like prison food. Feel free to contact me if interested in doing it right.

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Answered on 7/10/07, 1:28 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Three strikes Law

Fortunately, shoplifting offenses are not strikes (yet). But a second offense is a felony, and you could go to prison for it. Recommend you retain an attorney.

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Answered on 7/10/07, 1:28 pm


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