Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > CALIFORNIA > California Prison & Criminal Justice News & Events + 3 Strikes
Register Entertainment FAQ Calendar Mark Forums Read

California Prison & Criminal Justice News & Events + 3 Strikes Do you have news relating to California's Prison or Ciminal Justice System and related efforts? Post them here! Also discuss 3 Strike laws.

Reply
 
Thread Tools Display Modes
  #1  
Old 09-16-2004, 04:10 PM
Barbara's Avatar
Barbara Barbara is offline
Administrator Emeritus
Donation Award 
 

Join Date: May 2002
Location: Orange CA
Posts: 6,976
Thanks: 275
Thanked 1,107 Times in 219 Posts
Default New 3 Strikes Forum

We have a new Sub-Forum here for the discussions pertaining to the 3 Strikes changes we will be voting on in November. Please post all related issues here. This Sub-Forum will be removed after the election and all post will be returned to the California Forum.
__________________




Reply With Quote
Sponsored Links
  #2  
Old 09-19-2004, 03:00 PM
elainewang elainewang is offline
Registered User
 

Join Date: Apr 2004
Location: Alhambra, California
Posts: 118
Thanks: 1
Thanked 4 Times in 4 Posts
Default

Last week the judge denied our motion for the new trial, so my son in law has to be sentence on Sep 28,2004. This is his 3rd strike case, so the judge allowed him to wait to November for sentence to see if the law will passed, but my son in law still want to sentence as soon as possible. He was desperate about the legal system.How you think? Please give us some advise???
Reply With Quote
  #3  
Old 09-19-2004, 03:43 PM
Valerie Valerie is offline
Registered User
Donation Award 
 

Join Date: Mar 2002
Location: California
Posts: 6,164
Thanks: 223
Thanked 537 Times in 157 Posts
Default

I certainly hope they change the 3 strikes law, it's just not right the way it is written now.
__________________
Go where there is no path and leave a trail
Reply With Quote
  #4  
Old 07-04-2005, 09:55 PM
BLuft's Avatar
BLuft BLuft is offline
I Corinth 13:13
 

Join Date: Feb 2005
Location: Oregon
Posts: 486
Thanks: 1
Thanked 2 Times in 2 Posts
Default

Is it considered a strike for a domestic violence, felony. I know someone is on his third dv felony within about 5 years with the same person....Is any felony considered a strike?
Reply With Quote
  #5  
Old 08-27-2005, 04:46 PM
BillsGirl BillsGirl is offline
Registered User
 

Join Date: Jul 2005
Location: CA, USA
Posts: 19
Thanks: 0
Thanked 0 Times in 0 Posts
Default

BLuft.....no, not every felony is considered a strike. It depends on the seriousness of the felony. My bf has 4 felonies and no strikes.

Some examples of strikes are as follows:
  • arson
  • murder
  • rape
  • kidnapping
  • assault with a deadly weapon
  • home invasion
  • drug trafficking
  • armed robbery
  • bank robbery
  • any attempted felony that would carry a life sentence in prison
For a complete list, please refer to the California penal code, sections 1192.7. (c) and 667.5. (c).

I hope this helps
Reply With Quote
  #6  
Old 08-28-2005, 05:36 PM
simplycindy simplycindy is offline
Registered User
 

Join Date: Nov 2004
Location: california,san bernadino county
Posts: 23
Thanks: 0
Thanked 2 Times in 1 Post
Default

it also includes burglary, my husband took a stero from his cousins motor home in the back yard hence residential burglary. which took place in 88, before three strikes law was in affect. He had a drug charge and was told he had a strike. double and 80%, plus two year enhancement for previous charges 8 years. residential burglary is a strike!
Reply With Quote
  #7  
Old 08-28-2005, 06:27 PM
flamered's Avatar
flamered flamered is offline
Gone Crazy, back later
Donation Award 
 

Join Date: Jan 2005
Location: 3rd Planet from the Sun
Posts: 8,344
Thanks: 308
Thanked 388 Times in 336 Posts
Default

Anyone know anything about the Washington 3 strikes law??
__________________

"Never make somebody your
everything
cause when they're gone you've got
nothing"
=^..^=

Reply With Quote
  #8  
Old 09-08-2005, 12:53 PM
inalicesworld's Avatar
inalicesworld inalicesworld is offline
Registered User
 

Join Date: Jul 2005
Location: CA, USA
Posts: 1,167
Thanks: 0
Thanked 8 Times in 8 Posts
Default

It would be great if it actually worked that way. Unfortunately, many people have been sentenced to 3 strikes for crimes such as illegal taking of a vehicle; receiving stolen property; possession of a small amount of methamphetamine, to name a few. . . .
The spirit of the law was to only include violent or serious felonies. Unfortunately, it is used for almost any felony, based on the DA who prosecutes the case and what they feel like charging at the time.

My guy is doing 3 strikes time for 2 strikes, illegal taking of a vehicle and possession of meth.
Quote:
Originally Posted by BillsGirl
BLuft.....no, not every felony is considered a strike. It depends on the seriousness of the felony. My bf has 4 felonies and no strikes.

Some examples of strikes are as follows:
  • arson
  • murder
  • rape
  • kidnapping
  • assault with a deadly weapon
  • home invasion
  • drug trafficking
  • armed robbery
  • bank robbery
  • any attempted felony that would carry a life sentence in prison
For a complete list, please refer to the California penal code, sections 1192.7. (c) and 667.5. (c).

I hope this helps
__________________

You have taught me. . . .

Thank you for you. . .
Reply With Quote
  #9  
Old 11-03-2005, 01:55 PM
Cry Cry is offline
Registered User
 

Join Date: Jun 2005
Location: California
Posts: 7
Thanks: 0
Thanked 2 Times in 1 Post
Default

The 3X law is the biggest railroading tool CA has at this time. I am an X-con who has done 2 terms totalling 11 years. The last term was 7 years for possession of less then a gram of meth. However due to the strike law I faced 6 life sentences under the strike law. Eventually I was down to 3 life sentences. WOW................Anyways, in the end I had to turn myself in facing those L's. Fortunatley, 2 charges were dropped and I went to prison with 7 years and a life sentence pending. Another year later I won the pending case due to a legal tech. But if I had not spent all my time in the law library I would have never found the technicallity that got the last L off me. The thing is about the strike law is the wording of the law. Any violent, serious, and/or (key word) any felony. So legally speaking any felony is strikable. However being the Judge has descretion to strike or not strike often time a person does not get struck. Additionally crimes committed before the passing of the strike law are retro-activated by the CA courts.At least mine were. My first felony conviction was of a violent nature however it was in 1987. The courts showed no mercy on any level and yes I took it all the way to the 5th District (apeals court). And I have large boxes of paperwork to prove it. SIGH. The sad part about the strike law is CA never needed it. CA already had the BITCH ACT (for habitual criminals) which meant CA could prior (and convit them to 5 years for each prior felony conviction. No half time 85%) The strike law is destroying people and their families lives and CA courts don't care. All they see is a way to give out alot of time to folks and get re-elected as a result of it. Now the stupid part of the law is that it is suppose to be base on stopping violent offenders right? How many serial killers do you know who ever got out of prison prior to the strike law? NONE. If the offender was that violent to begin with they probably got life to begin with. Like with 187's etc. So those who voted for the law based most of their vote on TV hype and the way the law was sold. I don't think many actually read the bill completley thru. I know my Aunt and Uncle voted for it. And when I fought my case they were amazed how what the were sold and what was being done to me were completley different. When I parole in 2002 after doing the 7 years flat............Alot of my homegirls convicted under the strike law were hopeful about new bills and the law changing. I told them it would never happen and they were mad I was so negative. Well they are still sitting there. CA would rather confine then rehabilitate their offenders and the way the courts look at it is that we offenders are now out of the way.
Reply With Quote
The Following 2 Users Say Thank You to Cry For This Useful Post:
aradia (11-07-2012), UsPlus7 (11-30-2010)
  #10  
Old 11-03-2005, 02:20 PM
inalicesworld's Avatar
inalicesworld inalicesworld is offline
Registered User
 

Join Date: Jul 2005
Location: CA, USA
Posts: 1,167
Thanks: 0
Thanked 8 Times in 8 Posts
Default

i agree that most people went with the hype on the tv and didnt bother to read the actual bill before they voted.. . . tell me how many child molesters have been released from prison to re offend AFTER the strike law was passed. . . . the whole thing is a crock and just a waste of our money as taxpayers. it is destroying families and destroying lives. . . not to mention the way its draining CA of money left and right. we can no longer hold all these 3rd strikers we have locked up. it costs something like $449,000 to house 1 3rd striker for a min of 19 years. go figure. we will spend more keeping him locked up than they would probably have made in their lifetime.
__________________

You have taught me. . . .

Thank you for you. . .
Reply With Quote
  #11  
Old 11-15-2005, 10:20 AM
jkr2006 jkr2006 is offline
Registered User
 

Join Date: Nov 2005
Location: los angeles
Posts: 12
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Yeah We Definetly Have To Do Something About The Strikes Law. I Am Out On Bail And Just Took A Deal For 32 Months With 80% For 20 Dollars Worth Of Meth. Because I Have A Strike From 97. Off Parole Now For 2 Years , Never Got Another Case, Until This Drug Case.i Turn Myself In In February. I Was Looking At 6 Years With 80% If I Didnt Take The Deal. For First Time Drug Charge Of $20 Dollars Of Meth! I Guess They Want To "rehabilitate Me" Right? Lol
Reply With Quote
  #12  
Old 02-24-2006, 10:44 PM
Andrewsbig sis Andrewsbig sis is offline
Registered User
 

Join Date: Feb 2006
Location: California
Posts: 1
Thanks: 0
Thanked 0 Times in 0 Posts
Default 19 year old brother has 3 strikes

My 19 year old brother just received his 3rd strike and was sentenced to 25 to life. Non of his crimes were violent. His first 2 strikes were from breaking into unoccupied hunting cabins and stealing guns. He got 2 strikes for that. His third was for felony evading. He ran when he was getting pulled over for expired tags. Trust me, he has a lot of screw ups and he definately needs to be punished but this law was written for the "career criminal" I am not sure how you can be a career criminal at 19 years old. To top it all off, they have put him in a level 4 yard at High Desert Prison. He weighs about 120 pounds and is 5'7" and looks to be about 15. How long do you suppose he will survive a level 4 yard?
Reply With Quote
  #13  
Old 02-24-2006, 10:57 PM
inalicesworld's Avatar
inalicesworld inalicesworld is offline
Registered User
 

Join Date: Jul 2005
Location: CA, USA
Posts: 1,167
Thanks: 0
Thanked 8 Times in 8 Posts
Default

i am so sorry to hear about your brother; my husband is doing that sentence and none of his crimes were violent either. . . i will keep my fingers crossed he ends up with a good older cellie who will kind of watchover him; myhusband has always been on a level 4 also, and i know a couple kids who are over there, the "older" guys try and watch over them and keep the drama away from them as much as possible.

Quote:
Originally Posted by Andrewsbig sis
My 19 year old brother just received his 3rd strike and was sentenced to 25 to life. Non of his crimes were violent. His first 2 strikes were from breaking into unoccupied hunting cabins and stealing guns. He got 2 strikes for that. His third was for felony evading. He ran when he was getting pulled over for expired tags. Trust me, he has a lot of screw ups and he definately needs to be punished but this law was written for the "career criminal" I am not sure how you can be a career criminal at 19 years old. To top it all off, they have put him in a level 4 yard at High Desert Prison. He weighs about 120 pounds and is 5'7" and looks to be about 15. How long do you suppose he will survive a level 4 yard?
__________________

You have taught me. . . .

Thank you for you. . .
Reply With Quote
  #14  
Old 01-28-2007, 11:13 AM
studentcorina studentcorina is offline
Registered User
 

Join Date: Nov 2006
Location: California USA
Posts: 44
Thanks: 0
Thanked 0 Times in 0 Posts
Default

My son just went to court Jan 22, 2007 he is looking at his third strike for bank robbery. His attonery and the DA keeps postponing his court dates, because the DA did not read his case. His attorney does not seem to be trying to help him. He just says it's up to the district attonery, and what they want to do with my son. My son needs to be rehabilitated, so I'm hoping that the judge will get the help he needs and not just throw him in prison. His next court date will be in March.
Reply With Quote
  #15  
Old 05-06-2007, 07:33 PM
cat805's Avatar
cat805 cat805 is offline
Registered User
 

Join Date: May 2007
Location: USA
Posts: 1,236
Thanks: 331
Thanked 170 Times in 94 Posts
Default

Thank you for putting it straight up and down, my son has two strikes and has a new felony charge of domestic violence...I could never figure out how he caught two strikes when he only has petty thefts and a residential burglary....now I see the loophole (any felony)....he did time at Pelican Bay and we are very concerned that he will do life...Did you have an attorney...it sounds like you did your own research...how did you avoid the life sentences.....take care....~Cat
Reply With Quote
  #16  
Old 05-07-2007, 08:49 AM
studentcorina studentcorina is offline
Registered User
 

Join Date: Nov 2006
Location: California USA
Posts: 44
Thanks: 0
Thanked 0 Times in 0 Posts
Default No Attorney

Quote:
Originally Posted by cat805
Thank you for putting it straight up and down, my son has two strikes and has a new felony charge of domestic violence...I could never figure out how he caught two strikes when he only has petty thefts and a residential burglary....now I see the loophole (any felony)....he did time at Pelican Bay and we are very concerned that he will do life...Did you have an attorney...it sounds like you did your own research...how did you avoid the life sentences.....take care....~Cat
No my son is still going to court over his mess, he has a public defender that don't seem to care about what happens to him. I can't afford an attorney for him, I wish I could. Tuesday, May 8, 2007 he will be going to court again. This has been going on for almost a year, this will be his 3rd strike. All I can do is hope and pray God will have mercy.
Take Care
Reply With Quote
  #17  
Old 08-02-2007, 10:44 PM
MadDog's Love MadDog's Love is offline
That's my babi!
 

Join Date: May 2007
Location: WA
Posts: 76
Thanks: 6
Thanked 2 Times in 2 Posts
Default There is hope! We need to Pray!

Hang in there yall! My husband is serving a 3 strike sentence now as of 12 years, for 5.00 of crack! He's in Ca, where they are going to be letting these no violent offenders OUT! They are gonna come home and it might now be until early next year, but my husband has a paper that tells him he qualifys for this early releasing. So hang in there.. I don't know everything, but I'll let you this, they will be coming home.. When I know more I'll let all of you know ok!! Keep your head up and just pray! Thank you all for sharing..
Reply With Quote
  #18  
Old 08-03-2007, 03:19 PM
studentcorina studentcorina is offline
Registered User
 

Join Date: Nov 2006
Location: California USA
Posts: 44
Thanks: 0
Thanked 0 Times in 0 Posts
Default Thank you for your input

Well, it is now August 2007 and my son is still going to court. He is in more trouble now, because the officers at DVI are trying to say my son is trying to escape and my son says that he is not trying to escape. He goes to court Aug. 8th, I bet they poatpone his court date again, because his PD is on vacation. Please pray for my son, he needs all the help he can get

thanks, studentcorina
Reply With Quote
  #19  
Old 08-03-2007, 06:07 PM
MadDog's Love MadDog's Love is offline
That's my babi!
 

Join Date: May 2007
Location: WA
Posts: 76
Thanks: 6
Thanked 2 Times in 2 Posts
Default

I will be praying for you all. Even the judge and everyone else in the court room.. Keep your head up! God bless!
Reply With Quote
  #20  
Old 08-06-2007, 03:15 PM
KLINUS's Avatar
KLINUS KLINUS is offline
Registered User
Donation Award 
 

Join Date: Jan 2006
Location: los angeles, ca.
Posts: 2,648
Thanks: 404
Thanked 1,022 Times in 536 Posts
Default

Quote:
Originally Posted by MadDog's Love
Hang in there yall! My husband is serving a 3 strike sentence now as of 12 years, for 5.00 of crack! He's in Ca, where they are going to be letting these no violent offenders OUT! They are gonna come home and it might now be until early next year, but my husband has a paper that tells him he qualifys for this early releasing. So hang in there.. I don't know everything, but I'll let you this, they will be coming home.. When I know more I'll let all of you know ok!! Keep your head up and just pray! Thank you all for sharing..
Can you explain a little more about the paper your husband has that says he qualifies for early release? Who is it from? Sorry to be so nosey. But I have a bro-in-law doing 75 to life for non violent crimes.
Reply With Quote
  #21  
Old 08-07-2007, 01:18 PM
MLJohnson MLJohnson is offline
Help Unite Our Family
 

Join Date: Jun 2007
Location: California USA
Posts: 10
Thanks: 0
Thanked 0 Times in 0 Posts
Default Caught up under 3 Strikes

I am new here and in Love with a Lifer. We are in California, and he is serving a 78 to life under the three strikes law. Our case was recently accepted by a prisoners rights attorney out of S.F., and we are hoping to one day get a date. His life is well worth the money we will be charged to be represented. I have developed a website with our story, I guess you have to have so many posts to be able to put it on a thread. Soon I will be able.


Help Unite Our Family
__________________
__________________
Shell (Life with Louie)
Reply With Quote
  #22  
Old 09-14-2008, 01:54 PM
madmusic madmusic is offline
Registered User
 

Join Date: Apr 2007
Location: CA, USA
Posts: 304
Thanks: 56
Thanked 225 Times in 104 Posts
Default

Ever wonder about the politics behind the 3 strikes law? Read Cruel Justice: Three Strikes and the Politics of Crime in America's Golden State by Joe Domanick.

It's an eye opener.
Reply With Quote
The Following User Says Thank You to madmusic For This Useful Post:
speedyforever (09-16-2008)
  #23  
Old 10-04-2008, 08:41 PM
shellone shellone is offline
Registered User
 

Join Date: Oct 2008
Location: GA from CA
Posts: 6
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Thats right! to those that know the scrueny of the three strikes. My husband faced strike 2 with 14 years thrown out to him for a plea on having a illeagel sized knife in possesion.(a VIOLATION in my opinion) Absolutly nothing with it. No strong arm, no attempt, just possesion. The lawyer got it down to 5 years which he did 2.5. But it remained strike 2. About the overcrowding....I blame the three strikes for that too. The lifers are now mixed with drug offenses and murderes. its just plain assinighn! The problem with voting is they never are completly truthful and the voters dont dig deep. If they were truthful..they make loopholes. So morale of the story is what can you get a strike on? ANYTHING THEY WANT TO CONSIDER A STRIKE FOR!

Last edited by shellone; 10-04-2008 at 08:44 PM..
Reply With Quote
  #24  
Old 10-06-2008, 07:19 PM
Gryphon Gryphon is offline
Registered User
 

Join Date: Oct 2005
Location: CA Sacramento
Posts: 6,103
Thanks: 0
Thanked 2,162 Times in 1,469 Posts
Default

Some clarification:
There is no CA felony for having a knife that is too long. It could be a felony based on how it was carried (fixed blade can't be concealed) or the kind of knife (switchblsde, gravity, dirk, dagger, butterfly, etc.).

If he did 50%, he did not admit a strike. Non-violent strike enhanced crimes are calculated as 80%. Of course, he could have strikes that weren't admitted.

Simply having a knife isn't a new strike. Assaulting someone with a knife is a strike.

Strikes law isn't about loopholes. What is or isn't a strike is a very clear and overed in just a few statutes. The impact of strikes on a sentence is also a known. However, whether a Judge or a DA will enforce a strike, or even know it exists, is a crapshoot. There's a lot of subjectivity when strikes are or are not applied towards a sentence.

Strikes can only enhance a felony, but they can enhance any new felony (violent, serious, or garden variety; it doesn't matter).

Quote:
Originally Posted by shellone View Post
Thats right! to those that know the scrueny of the three strikes. My husband faced strike 2 with 14 years thrown out to him for a plea on having a illeagel sized knife in possesion.(a VIOLATION in my opinion) Absolutly nothing with it. No strong arm, no attempt, just possesion. The lawyer got it down to 5 years which he did 2.5. But it remained strike 2. About the overcrowding....I blame the three strikes for that too. The lifers are now mixed with drug offenses and murderes. its just plain assinighn! The problem with voting is they never are completly truthful and the voters dont dig deep. If they were truthful..they make loopholes. So morale of the story is what can you get a strike on? ANYTHING THEY WANT TO CONSIDER A STRIKE FOR!
Reply With Quote
  #25  
Old 10-14-2008, 09:59 AM
speedyforever speedyforever is offline
Closed
 

Join Date: Aug 2008
Posts: 75
Thanks: 27
Thanked 0 Times in 0 Posts
Default 3 strikes before 1994

If you had to fellony conviction before 1994 is it true there a new law comming out or going to be voted on that nothing be for that will count it will count after that law was in affect is there a web site i can go to regaurding the 3 strike law any body can recemmend so i can look more in to that thank you for you info god bless.
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Three Strikes Law: "Cruel and Unusual" or Just Punishment danielle General Prison Talk 5 11-14-2002 02:56 PM


All times are GMT -6. The time now is 05:49 PM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics