My husband got arrested for auto burglary amd is on probation. They r adding 3 enhancemnts rhat happened in 96,97,and 06. What does this mean when being done? He pleaded not guilty and has pre prelim next week, what happens at this court date?
2 Answers from Attorneys
He and you should be asking his lawyer about the case, as none of us out here know anything about it.
A prelim is the mini-trial for the DA to show he should be bound over for trial. It implies plea bargaining failed, and he is headed for trial.
Under the 3-Strikes law, prior convictions 'enhance' the sentencing on the current case. A felony conviction with one prior strike doubles the sentence. A felony conviction with two prior strikes gets him 25-life. His new case will violate his probation, likely resulting in him serving the actual jail/prison sentence imposed on that prior case.
He is facing a felony count with priors, with multiple years in prison if convicted. The only advice that is worth anything is for you to get legal counsel who knows how and what to do to best represent you, using whatever credible facts and evidence you may have for motions and defenses at trial, if necessary. Most cases are 'plea bargained' to avoid the risk of loss at trial and mandatory sentencing to the full term provided in the law upon conviction. The attorney's job is to get a good 'deal' you can live with, or prepare for trial.
If serious about hiring new counsel to help in this, and if this is in SoCal courts, feel free to contact me.
You used the term "pre pre lim" which means that actual preliminary hearing is not going to take place, but will be scheduled at that time. Usually the District Attorney and the defense attorney will attempt to resolve the matter during the pre pre lim with plea bargaining If no agreement is made, the court then will schedule the preliminary hearing on the record at that time.