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Some Clarity On The “Three Strikes Law” | Jake Brower, Attorney At Law |Criminal Lawyer | Criminal Defense |DUI Defense Attorney |Felony Arrests |3-Strike Cases |Santa Ana, Orange County, CA

Criminal Law

  • Some Clarity on the “Three Strikes Law”

    Posted Jan 31st, 2014 By in Criminal Law With | Comments Off on Some Clarity on the “Three Strikes Law”

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    In late 2012, Proposition 36 aka the “3 Strikes Law” was amended to allow inmates that had received tough sentences for minor crimes to ask for a shorter, more reasonable term.  There has been some confusion around the law, which is why you should seek legal consultation if you or someone you know is facing a third time conviction.

    A California appeals court panel decision Tuesday provides some clarity on resentencing rules for three-strikes inmates serving life in prison for armed offenses.

    Three judges in the 4th appellate district ruled that three-strikers serving life for firearms possession cannot ask for shorter prison terms under Proposition 36, the 2012 initiative that softened the state’s tough sentencing law, the Los Angeles Times reported (http://lat.ms/1gqmk0A).

    California judges have been handing down conflicting decisions in such cases.

    Proposition 36 allowed most inmates serving life terms for relatively minor third strikes to ask courts for shorter terms. The measure excluded inmates who carried a firearm or deadly weapon during the commission of their last crime.

    Lawyers representing inmates with gun-possession third strikes argued that courts should accept their resentencing requests and reduce terms for those who do not pose an unreasonable risk of danger to public safety.

    The judges concluded that third-strikers are disqualified from seeking shorter sentences if they were armed but left open the door for prisoners who did not have ready access to a gun at the time they were legally in possession of a firearm, the Times said.

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Jake Brower Criminal Defense Attorney, DUI Lawyer, Felony Arrests, 3-Strike Cases, Criminal Law, Drunk Driving Lawyer, Los Angeles, Orange, Anaheim, Corona del Mar, Costa Mesa, Irvine, Huntington Beach, Long Beach, Mission Viejo, Aliso Viejo, Lake Forest, Rancho Santa Margarita,Santa Ana, Newport Beach, Newport Coast, Laguna Beach, Laguna Niguel, Riverside, San Diego, Ventura, Beverly Hills, Hollywood,Oceanside, San Clemente, Carlsbad, Dana Point, Seal Beach, Long Beach, 1043 Civic Center Drive West, #200, Santa Ana CA 92703