My fiancee just got sentenced last friday the sentence is 4 years low term 2 but 4 due to a strike for a crim commited almost 1 yrs. ago, we would like to see about getting this strike removed have no clue on how. the charge is sexual assualt, please do not judge me I am new to this whole thing, and am just trying to pull myself through this and be able to help him and be a good mother to my 4 awesome daughters, i have so many questions and need advice if any of you are willing I would so aprreciate it and will help anyone I can in return. Thankyou, Julia

Julia, welcome to the PTO Family. My name is Tracy and I moderate one of the forums here called Unspeakable Love - Loving a Sex Offender. Please feel free to post in that folder also. You will find a great bunch of people here that do not judge.

Julia,

Welcome to PTO and I am sorry to hear about this challenge you are experiencing. I wish I had an answer for you. Have faith. With over 900 members, I believe that you will hopefully receive some specific guidance.

Best wishes and welcome again.

Jim

Julia,

I know alot about Calif law, & three strikes sentences. I'll try and answer any question you have. Either post it here, or e-mail me. I don't know enough from what you posted to give you a complete accurate answer.-----------Ken

Hey everyone for your kind words! Hey Ken the main thing I want to know is there away to try and get a strike removed and if so how? and what are the examples in which this would work? And also if the strike is over turned since my fiancee got a sentence for 2 yrs which cause of the strike went to 4 yrs. would the sentence go back to 2 yrs? with the strike gone? One more question I have heard even with a strike if he has never served prison time he would still qualify for half time is that so? Thanks again,Julia

Julia, Hi there near neighbor. I'm just down the road from you (Stockton). Sorry, the only thing I can offer is a shoulder and an ear anytime! BR

Hi Julia and welcome to PTO

Julia, I hate to be the bearer of bad news, but there really is not much you can do. The person who decides what strikes to use as a prior is the sentencing judge. you can try to pettition him to re-sentence asking for the prior strike to be dropped, but to tell you the truth, he probably won't do it. you say earlier that his strike is for some kind of sexual assaut (I don't make judgements regarding other peoples crimes on this site), if his current crime is even remotely associated with that crime it will never happen. Second you said it's only been like a year since he got his strike, that shows the judge that this guy is out on the streets, commiting crimes, with no concern of getting caught & doing time, so judges like to put someone on ice for awhile to show him how seriouse they can get about handing out time. Being he will serve about 3 years on the 4 years, a judge wont look at that as being a LONG time. Your asking a judge to take a guy who in the course of one year has been busted twice, & one time for a strike, & to put him back on the street in a year, letting him out 2 years early. This is a tough nut to sell to a judge. If he was inclined to drop the strike he would have done it at sentencing. He wanted to send your guy a message. Now you can hire a lawyer, & try to find a way to appeal his case, but that is expensive, & no gaurantee of success. If he took a plea bargain, then you can't even appeal.

As for half time, I have never heard of this "never been to prison, so eligible for half time" thing for a strike sentence. I'm not saying it doesn't exist I just haven't heard of it. As far as I know if he is doing a strike sentence he's going to do 80-85% of his time. This will work out to about 3 yrs. It sounds like they gave him a mid term sentence, did he have a prior conviction for something close to what he just got busted for? The low term sentencing guidline in Calif is 16/2/3 16 months for first commitment, 2 years for second, 3 years for third. So if he got a 2 year sentence he should have a prior, like was it for dope, or theft charges,?If the judge screwed up here, your only relief is to get him re-sentenced to 32 months (16 months doubled), at 80%, which means he would serve about 2 years. I know this can get complicated, so if you have anymore questions, or need me to clarify anything just let me know.

I'm sorry your having to go through this, as I know it's tough on family members, & I really am sorry I don't have better info for you, but I don't want to give you any false hope, nor do I want to send you on some wild goose chase. I know 3 years sounds like along time, but it will go by, & hopefully your guy will understand they are seriouse about handing out ALOT of time. I too found this out the hard way, & gave up my life of crime, because they got real seriouse about locking my ass up for many, many years. If he goes back to what he did before he will be looking at 7 years at 80% & that is getting up there. So, good luck, & remember this too shall pass--------------Ken

Ok the strike is in refrence to a crime he commited in 1992 it isnt a recent offense he was sentenced to 4 years formal probation and served 154 days in a county jail. No crime has been commited for 11 yers since that one then this crime of sexual assualt came just 2 years ago, I wish I could have you read the case you would see so many holes but nonetheless the first offense in 92 was a robbery he testifyed for the state thats why he just got probation and time served, he didnt realize that was a strike until just recently when he was sentenced on the sexual assualt case he would have faught harder but fear of not beating the court system caused himt ot ake the deal which is a low tearm deal for 2 yrs made 4 due to the strike. Julia

Julia
I hope you have felt the support here and the caring for your situation. No one here will judge you, just support you.
Ken, thank you for being here and answering her concerns!

Hi Julia
Sorry you are having to deal with your current situation. I can definately relate and Im here for you if you want to talk or vent or whatever!! Hang in there!! We care about you. Annie

Hello Julia,

I have all kinds of filing documents and instructions if he want to file them himself. E-mail me. Or if he would like to arrange a visit were I can talk with you both personally we can do that too. e-mail me at advocatesgroup@yahoo.com

Thanks,
AK

...no further advice from me Julia.
I just wanted to welcome you.

Thanks again so much for everyones advice and help, being able to talk on here and support groups I have joined has been such a help, just knowing am not alone. Julia

Julia,

Hope everything is going well, just to follow up on what we were previously talking about. I misunderstood, I thought he was convicted a year ago on the sexual assault, & was now looking at another conviction. Sexual assault is a strike offense too, thats what I thought was the strike you were refering to, so getting a judge to drop it will be hard.

When the plea bargain was drawn up he knew about the time he was going to be sentenced to, so unless he objected to the sentence or the strike as an enhancement when he took the plea he really doesn't have much he can appeal on. There are in some rare cases ways to appeal plea bargains when no objection was made to the sentence or strike at the time he signed it. Probably the most common excuse used is ineffective council, for not raising these objections for further appeals, this is extreamly weak, but it may work. I'm sorry if my post came off pessimistic, but plea bargains are next to impossible to appeal. The prosecuters cover their bases pretty well. Thats why they make the defendent say in open court that the facts of the case are true, & that he is guilty of the crime.

Also appeals are very expensive unless he goes pro per, or pro se. (representing himself), & that is a very tough road to go down. I have represented myself in cases, & it is really hard & time consuming. Going through appeals while locked up is really a hard way to do time. I wouldn't do it unless I was pretty certain of victory. Even if he appealed his sentence for him to go through all the appeals process the chances are his sentence will probably be up before he saw any relief. Most appeals drag on for years.

I don't want to blow smoke up your ass by letting you think something that wasn't going to happen. You should talk to a lawyer. I don't want to alarm you further, but this is important. With this case & his previous robbery coviction he now has two strikes, so any felony, no matter how minor (possesion of dope, felony DUI, petty theft, etc) means he can be sent up for 25-life. So please tell him to watch out.

Please keep us posted if you learn anything new as for getting his strike dropped, or his appeal, as many here, including myself would be interested, & many on here may find it helpful in their cases. Thanks, & good luck to you & him.---------------Ken