DA says I have a strike but I didnt plead to a strike. please help

Find the best lawyer you can find and afford,,,,,,,,,,, But 2 years is way better than 8. A good lawyer will get you a better deal, for sure!

Remember, 3 strikes and your gone forever.

SSHZ said:

Find the best lawyer you can find and afford,,,,,,,,,,, But 2 years is way better than 8. A good lawyer will get you a better deal, for sure!

Remember, 3 strikes and our gone forever.

Click to expand...

i have the best lawyer in my area. its not helping. for one my lawyer has a murder trial to take care of and hes rushing me. sucks

Your best bet is to make sure to use an extra dose of paranoia in all you activities from now on.

GROspot said:

Your best bet is to make sure to use an extra dose of paranoia in all you activities from now on.

Click to expand...

yeah thats exactly what i would have done if i would have been aware that i had a strike. i went to prison for 2 years with half time got out and finished parole in 13 months so i thought i was home free.....wrong

Well, it's not like they are going to give you a pamphlet that says "so, you've got a strike." If you pleaded down to a lesser felony, it still counts as a felony. If their weight calculation is off have them show the evidence and ask to have it measured in court, if it's that much of a discrepancy they may toss the evidence as being tampered with.

cranker said:

Well, it's not like they are going to give you a pamphlet that says "so, you've got a strike." If you pleaded down to a lesser felony, it still counts as a felony. If their weight calculation is off have them show the evidence and ask to have it measured in court, if it's that much of a discrepancy they may toss the evidence as being tampered with.

Click to expand...

from what i understand is that they have to go over the conditions of a strike with you just like when you get probation they go over the terms and conditions.

when i go to court i say 2 words the whole time and its at the end of court. "yes sir'' to the judge my lawyer does all the rest. is it my responsibility to know that I have sumthing as serious as a strike or do you think maybe they should be responsible for letting you know

damn im allready 11400 into fighting this now im about to be another 2500 in. I could of bought a bad ass chain to floss

It cost me $75K so consider yourself lucky. I was caught w/ 875 plants. Ended up doing 62 days county, 1.5 years probation, $1K fine......... But it was like a lifetime ago.

SSHZ said:

It cost me $75K so consider yourself lucky. I was caught w/ 875 plants. Ended up doing 62 days county, 1.5 years probation, $1K fine......... But it was like a lifetime ago.

Click to expand...

damn 75 racks. yeah i shouldnt be bitching. im not going to be so lucky ima be doing over a year most likly

My point is: I've found a great lawyer with good connections can work wonders. Mine had a close contact in the prosecutors office. The top guy went on vacation- and the case was assigned to "my lawyers friend"........ that was on Friday, and I was in court the following Monday pleading guilty and off to jail.

see that would be nice if that would happen but the DA i have is one of those DA's that all lawyers hate. he has a rep for sending people to prison for sumb shit. iv talked to a couple lawyers and I even talked to the one that represented scott petterson at first kirk mcalaster i had him for a juvinile case hes really good and he even says that this DA should of retired by now and that once hes locked in its a wrap. maybe if i kick it out enough he will die or retire lol

Mod edit: please refrain from statements that even resemble encouraging someones death. I try to be lenient but that's not really proper for this forum, no matter how much you hate them. I hope you can understand and appreciate that, it makes my job easier. You should still be able to edit it to something else or delete it at your discretion.

see that would be nice if that would happen but the DA i have is one of those DA's that all lawyers hate. he has a rep for sending people to prison for sumb shit.

Click to expand...

You could probably get your case moved if that is the case. I would definitely try that, SF is great place to be for weed, cause our DA will throw that out in a second. Oakland would probably work out for your benefit as well. I wouldn't try to fight your DA, I would try to get the case moved... see if it's possible. Do you know any attorneys that are friendly with your judge?

Here's an interesting read on 3 strikes and drug policy that was passed in 2000 in California.

Also, check with your lawyer if the weight they say is that much more significant that what you say it was, get a hold of the chain of custody records. It got OJ off. You may even be able to plead down to possession and take a Prop 36 drug treatment in lieu of jail time.

mccumcumber said:

You could probably get your case moved if that is the case. I would definitely try that, SF is great place to be for weed, cause our DA will throw that out in a second. Oakland would probably work out for your benefit as well. I wouldn't try to fight your DA, I would try to get the case moved... see if it's possible. Do you know any attorneys that are friendly with your judge?

Click to expand...

there all friends with the judge hes a cool guy. freeland is his name lol. its just this DA hes the only problem. he seems like he really doesnt want to go to trial even tho its a slam dunk case i think he may be busy but i might use that to my advantage i just need to get the strike off the prior list that ways im only playing with 4 years if i lose instead of 8 then i got him by the balls

cranker said:

Here's an interesting read on 3 strikes and drug policy that was passed in 2000 in California.

Also, check with your lawyer if the weight they say is that much more significant that what you say it was, get a hold of the chain of custody records. It got OJ off. You may even be able to plead down to possession and take a Prop 36 drug treatment in lieu of jail time.

Click to expand...

i checked and the crime didnt take place with the amount of weight it took place when i sold it

MrStickyScissors said:

i checked and the crime didnt take place with the amount of weight it took place when i sold it

Click to expand...

ah ok, has it been more than 5 years since your "strike"?

cranker said:

ah ok, has it been more than 5 years since your "strike"?

Click to expand...

thats another thing that i need to clear up. cause i think it was 5 years from when the actual crime was committed but around 4 years from the time that i pleaded guilty to it. they have that on the complaint as well commited a felony within 5 years