12021(a)1pc

[`Dymond`]

What is the name of your state? CA, L.A. County to be exact

Serious feedback is appreciated...

My brother was arrested two nights ago, he's already a convicted felon, his last conviction he spent 3 months in county jail for Robbery...
Now he's being arrested for violating his probation and having an illegal weapon in his possession...
My question is this...
They're trying to charge him with 3 strikes when he hasn't even had 2 yet...
He went to his pre-trial or whatever you call it today...
And they posted bail at $1,000,000!
Certain things about the case puzzle me...
For instance, they towed my car in and when I went to get the release form, I asked why the hell it was towed in the first place... The lady tells me that the police officer stated that he was driving the car and that's why it was impounded...
Forgive my language but I know for a fact that that's a bunch of bull**** because I had the keys to my car and there is no key that he could've or even would have made (an explanation from the deputy lady)...

What are your thoughts about this?
I think it's a load of **** and I don't understand why the hell they're tryin' to get him on 3 strikes...
He has been arrested and convicted of 2 felonies, but they weren't counted as strikes against him...
I don't know... what do yall think?

 

[HomeGuru]

What is the name of your state? CA, L.A. County to be exact

Serious feedback is appreciated...

My brother was arrested two nights ago, he's already a convicted felon, his last conviction he spent 3 months in county jail for Robbery...
Now he's being arrested for violating his probation and having an illegal weapon in his possession...
My question is this...
They're trying to charge him with 3 strikes when he hasn't even had 2 yet...
He went to his pre-trial or whatever you call it today...
And they posted bail at $1,000,000!
Certain things about the case puzzle me...
For instance, they towed my car in and when I went to get the release form, I asked why the hell it was towed in the first place... The lady tells me that the police officer stated that he was driving the car and that's why it was impounded...
Forgive my language but I know for a fact that that's a bunch of bull**** because I had the keys to my car and there is no key that he could've or even would have made (an explanation from the deputy lady)...

What are your thoughts about this?
I think it's a load of **** and I don't understand why the hell they're tryin' to get him on 3 strikes...
He has been arrested and convicted of 2 felonies, but they weren't counted as strikes against him...
I don't know... what do yall think?

**A: I agree. What a bunch of bull**** and a load of ****. The bail amount should have been much higher.

 

[knotcops]

He has been arrested and convicted of 2 felonies, but they weren't counted as strikes against him...

Oh, but they were. So, 2+1=3. See!

 

[calatty]

A felony does not have to be "counted" as a strike at the time a person gets convicted of it. So long as he has two qualifying prior felonies in his past, he has two prior strikes, even if he got those two convictions at the same time and even if they were the product of plea bargains. Robbery counts as a prior strike. Being an felon in possession of a firearm is a felony that can be counted as a third strike. Without knowing the circumstances of the arrest and charges, I can't say whether they had a right to tow the car or not. The high bail is because the life sentence he is facing will make it more likely that he will skip bail.

 

[HomeGuru]

With a possible life sentence, a towed car seems like a trivial issue.

 

[`Dymond`]

Thanks calatty for your serious reply...
And HomeGuru, you're right... I was just pointing out somethin' I thought was weird...
But anyway... calatty... what do you mean by "qualifying prior felonies"? Are there only certain felonies that are counted as strikes?

 

[calatty]

Yes. The Three Strikes law, which is at PC 1170.12 and PC 667(b)-(i) says that only felonies listed in PC 1192.7 and PC 667.5 are strikes. Robbery is in those lists.