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California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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  #1  
Old 01-10-2020, 11:19 PM
Maggie05 Maggie05 is offline
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Default My son is facing 3rd strike for a non-violent felony

I’m new to this site so hopefully I’m doing this right. My 41 year old son has been in and out of prison since a teenager. He took some plea deals when he was young and picked up a couple strikes. He paroled a couple years ago after being in prison (CA) for 12 years. He was more emotionally damaged than I realized, fell in love with a drug user, and went downhill from there. His case is so complicated I couldn’t begin to explain it or understand it. Bottom line, the DA is wanting to give him a 3rd strike for trafficking—105 years.
A good lawyer could get him off due to lies told by officer. I can’t afford to get him a good lawyer and his pd is worthless—hasn’t even shown him discovery.
I have an unconditional mother’s love for him, but I’ve spent so much money in the past for him there’s nothing left. I’m a semi-retired schoolteacher.
I’m ready to just walk away—I can’t help anymore.
I don’t even know what I’m asking for—comments? Suggestions?
Maggie05
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Old 01-10-2020, 11:48 PM
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Maggie05, I hate to hear this, as much for you as for your son.....I wish states that have 3 Strike laws would repeal them

The California forum has a Cali specific Legal Help sub-forum. I'll move your thread there. Cali also has a sub-forum for 3 Strike questions / discussions. The link to the new location of your thread will be in the automated message you'll receive as a private message (PM).


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Old 01-11-2020, 04:23 AM
Peacefinder Peacefinder is offline
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I am so sorry. I hope everything turns out ok for both you and your son. Good luck.
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Old 01-11-2020, 05:31 AM
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Welcome to Prison Talk. I'm sorry for what you are facing. You've done everything possible to help your son, yet find yourself back in the courts again. He will have a lawyer, so the question becomes what resources you will have if you decide to pay for another one. My advice, continue to support him, but save your money, a public defender could be just as knowledgeable about the three strikes law anyway.
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Old 01-11-2020, 08:05 AM
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You might also check in for support in the Parents with Children in Prison section
http://www.prisontalk.com/forums/forumdisplay.php?f=75


Sometimes as a parent you have to step away. Hard to do, I know.
You have tried and tried to help. Unfortunately he's got to be the one to change how he lives, the choices he makes etc..
Im very sorry this is weighing on you.
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Old 01-12-2020, 12:46 PM
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Quote:
Originally Posted by Maggie05 View Post
I’m new to this site so hopefully I’m doing this right. My 41 year old son has been in and out of prison since a teenager. He took some plea deals when he was young and picked up a couple strikes. He paroled a couple years ago after being in prison (CA) for 12 years. He was more emotionally damaged than I realized, fell in love with a drug user, and went downhill from there. His case is so complicated I couldn’t begin to explain it or understand it. Bottom line, the DA is wanting to give him a 3rd strike for trafficking—105 years.
A good lawyer could get him off due to lies told by officer. I can’t afford to get him a good lawyer and his pd is worthless—hasn’t even shown him discovery.
I have an unconditional mother’s love for him, but I’ve spent so much money in the past for him there’s nothing left. I’m a semi-retired schoolteacher.
I’m ready to just walk away—I can’t help anymore.
I don’t even know what I’m asking for—comments? Suggestions?
Maggie05

Your sons new controlling case must be a serious felony( Section 1192.7.(c) California penal code) or a violent felony (667.5(c) California Penal Code)
To be his third strike .You can not be stricken out if your controlling case isn't listed in one or both of the above sections of the CA. Penal Code. The three strikes law was amended a few years ago so that these two sections were the only way to be a third strike case. You can not be struck out if you new case is a non violent offense (no weapons charges either). You mention your sons new case is trafficking. Is his new charge 11352 H&S ? I think your sons case is more then a trafficking case for drugs. There are a few other types of trafficking charges but I will omit to list those at this time.
You say that the police lied. Well that is nothing new. Anything listed in the police reports written by any officer will be up held by the courts as fact(s)
Your son can request Discovery from the District Attorney, all that this will produce is any records that the District Attorney has and intends to use. The only records he will not get are confidential informant matter(snitch information)
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Old 01-12-2020, 03:27 PM
Kimimi Kimimi is offline
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I can certainly understand wanting to give up. I think if you had support you would be able to support him. As moms we might have to support differently than we think we have to. I think one of the smart things my boyfriends family did was not get him a high paid attorney, and they could have. He says it would have been nice but he couldn’t have accepted it. I don’t know your son but my boyfriend is a criminal. He would get out and mess up over and over again. Committing some very serious and violent crimes. He said he knows that was his responsibility. His mom helped him by being stable herself out here writing him and sending books. You can’t always fix it for them. Luckily in prison he finally got help. I know that helps not easy to get inside. He had to sue the state to get treatment in prison and his mom helped him a lot. They filed everything themselves and never had an attorney. He got his treatment. He also filed both the bar and started appeals while he was in there to start appealing. His mom helped with that too researching being supportive etc. I hope you take some time to take care of you. I’m really sorry this is going on that three strike law is brutal. I hope a lot of politicians can’t sleep at night over that one.
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Old 01-13-2020, 02:19 PM
Maggie05 Maggie05 is offline
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Thank you for your wise and caring words. I know you’re right.��
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Old 01-13-2020, 11:53 PM
gvalliant gvalliant is offline
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Quote:
Originally Posted by Maggie05 View Post
Bottom line, the DA is wanting to give him a 3rd strike for trafficking—105 years.
A good lawyer could get him off due to lies told by officer. I can’t afford to get him a good lawyer and his pd is worthless—hasn’t even shown him discovery.
Couple of thoughts based on your comments.

1) DA isn't after justice. DA wants several pounds of flesh. If that's their offer, I would recommend your son fight to the bitter end, don't accept that or any plea in that category. After all, he has a PD and DA is the opposition. Public money on both sides, feel free to spend hundreds of thousands or millions of public dollars and years of the public time fighting if that's their attitude. What do you or he care? What's the worse thing that can happen now? Maybe a month or a year or more from now and after spending a whole lot of THEIR MONEY someone blinks and it gets better.

2) Officers lie. Doesn't mean a good lawyer can get him off on that basis anymore than a PD can. I believe many PD's are quite competent and get unfair reputation as being inferior to private attorneys. Not always true. You feel guilty because you won't spend money on a private attorney to get him off. Don't feel like that. Think in terms of being supportive, which is importamt, as opposed to opening your checkbook for him. Spending all your money on an attorney not as impactful as you seem to think.
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Old 01-14-2020, 01:08 PM
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Quote:
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Spending all your money on an attorney not as impactful as you seem to think.
In fact, it may be quite the opposite. We've seen (and some have experienced) draining of the pocketbooks to secure a better-- aka shorter, sentence only to be destitute financially and emotionally at the end of it. Which, is in actuality, the beginning of the long journey of serving that bid.

Take care of you. Regardless of the outcome of his sentencing, for now and for the foreseeable future, he has housing/food/clothing. Do you? Without that basic foundation you are less able to support him in the ways that matter in the end.

Hang in there, mom. Keep talking and sharing. We're here to listen.
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