• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Someone I care for with two strikes.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Vjoey9229

Member
What is the name of your state? CA. I know someone with a strike for assault and armed robbery. When he gets out, a scenario: if he’s riding with people and they have like 40 pounds of coke, how in trouble will he be for guilty of association? What would it take for a third strike?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? CA. I know someone with a strike for assault and armed robbery. When he gets out, a scenario: if he’s riding with people and they have like 40 pounds of coke, how in trouble will he be for guilty of association? What would it take for a third strike?
He should ask his attorney.

Better yet, he should find a better class of friends.
 

PayrollHRGuy

Senior Member
He needs better friends.

https://www.courts.ca.gov/20142.htm

California's Three Strikes sentencing law was originally enacted in 1994. The essence of the Three Strikes law was to require a defendant convicted of any new felony, having suffered one prior conviction of a serious felony to be sentenced to state prison for twice the term otherwise provided for the crime. If the defendant was convicted of any felony with two or more prior strikes, the law mandated a state prison term of at least 25 years to life.

On November 6, 2012 the voters approved Proposition 36 which substantially amended the law with two primary provisions:

  1. The requirements for sentencing a defendant as a third strike offender were changed to 25 years to life by requiring the new felony to be a serious or violent felony with two or more prior strikes to qualify for the 25 year-to-life sentence as a third strike offender; and
  2. The addition of a means by which designated defendants currently serving a third strike sentence may petition the court for reduction of their term to a second strike sentence, if they would have been eligible for second strike sentencing under the new law.
 

zddoodah

Active Member
When he gets out, a scenario: if he’s riding with people and they have like 40 pounds of coke, how in trouble will he be for guilty of association? What would it take for a third strike?
If this person has two strikes and hangs out with (or continues to hang out with) drug traffickers, then he/she is a moron and should get used to prison life. It will generally be presumed that every person in a car with drugs is the owner of the drugs, and they'll all point their fingers at each other, and whoever's attorney can negotiate a deal to squeal on the others will be best situated.
 

quincy

Senior Member
What is the name of your state? CA. I know someone with a strike for assault and armed robbery. When he gets out, a scenario: if he’s riding with people and they have like 40 pounds of coke, how in trouble will he be for guilty of association? What would it take for a third strike?
If he is released on probation or parole, he will be informed on what he can and cannot do. One “cannot do” is fraternize with criminals.

A probation or parole violation is likely to send this fellow back to jail to complete his original sentence and to serve additional time for the new offense.
 

stealth2

Under the Radar Member
What is the name of your state? CA. I know someone with a strike for assault and armed robbery. When he gets out, a scenario: if he’s riding with people and they have like 40 pounds of coke, how in trouble will he be for guilty of association? What would it take for a third strike?
If he's on probation, I'd bet just hanging with these people would be a violation and third strike.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top