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Old 02-12-2018, 10:08 AM
gvalliant gvalliant is offline
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Originally Posted by Halo527 View Post
I know . But that's a good point on the strikes, plus 12 years is still better than 15, and maybe the judge might still strike the enhancement, so I'll c if the lawyer can get the DA down to 12 and if not, figure out what to do from there.

By the way, my son said that some guys at county who came down from prison, said that they were not making people serve time for the enhancement, even if there was a violent offense. He's been given so much wrong jailhouse lawyer advise, that I don't want to encourage this line of thinking, especially if it's not true. He said that they are only considering a crime as violent if someone actually had great bodily injury. Have you heard anything like this?
I saw your comment re the gun enhancement and was going to post about "potential" for judge to strike, then saw your later post above.

This is brand new law and it is real, absolutely nothing to do with prop 57. I will add this also has absolutely nothing to do with a "blind plea" discussed earlier. Effective Jan 1 2018 judges now have the authority to "strike or dismiss" that enhancement even if it's part of a plea worked out with a DA. Your attorney probably cannot and has not said a great deal about chances since there is ZERO HISTORY on judges exercising this authority. I hope your son can set some precedent for everybody.

Prior to this year if DA wanted to impose it, you are screwed no matter what. My son - both in criminal court and in Veterans court - the judges asked the DA's to drop that enhancement. Similar to your son with DA's threatening 30 or so years with their usual piling on the charges crap and the judges were aware of that nonsense. Everyone wanted him sentenced to the Veterans court treatment program but enhancement made him ineligible. He is rated 90% disabled by the VA due to physical injuries, PTSD, and substance abuse from his Army service, those disabilities all directly tied to his crime, no one including DA's disputed that.

DA's response to all of us including the 2 judges amounted to the middle finger.

If this new law were in place I have no doubt my son would be in the Veterans Court program now instead of serving 12 years at 80%. If I sound edgy about justice system you read me correctly; it is full of abuse and injustice. I have seen other posts on this site with similar comments opining the judge didn't want the enhancement imposed but was powerless. Judges are no longer powerless.

The wording of the law states judge can now strike or dismiss "in the interest of justice". Whatever that subjective statement means. No doubt DA's will make a gigantic stink about it any time it happens.

You're talking in your posts about 17, 14, 12 years. You can also think about 7, 4, 2 years. That is possible.

If it were me, I would push the hell out of that. Whatever it takes, however long it takes. This enhancement - 10, 20, life - is, considered amongst the most punitive, if not the single most punitive sentence in the US and it needs to go the way of the Dodo bird. The new law is a good start in that direction.

Good luck.
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