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Questions Answered by Carol Elizabeth Long
2 Answers | Asked in Criminal Law for California on
Q: Can the prosecution use two counts from a single act as 2 strikes in a 3 strike case?

My nephew was struck out (3 strikes) but his qualifying strikes were 2 COUNTS of attempted murder... it was a car to car shooting where it was two people in the opposite car

Carol Elizabeth Long
Carol Elizabeth Long answered on Sep 21, 2020

If your question is whether someone can be charged with two separate attempted murder charges for one act of shooting at a car that is occupied by two people, the short answer is yes. And yes, each attempted murder charge is counted as a strike.

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2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: If I have a prior conviction for bank robbery, can they charge me with conspiracy to rob another one??
Carol Elizabeth Long
Carol Elizabeth Long answered on Sep 19, 2020

Of course I would need more information, but having a prior conviction for one robbery does not prevent being charged with a crime for a completely different robbery.

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4 Answers | Asked in Criminal Law for California on
Q: Hi the last 2 days a man from the da office came by to speak to my boyfriend. We have no idea why. We have done no wrong

Not sure what to do we have to talk to him do we have to open door?

Carol Elizabeth Long
Carol Elizabeth Long answered on Sep 19, 2020

You do not have to answer the door or speak to the person from the DA's Office. If they have a warrant for your arrest or to search the residence, they are able to arrest and/or search. But you always have the right to remain silent and invoke your right to an attorney, and you should always... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: My fiance is serving a life sentence under the 3 strikes law is there anyway we could challenge the court for resentenci

His first strike is for robbery, his second one is for vandalism, and his third one is for assault with great bodily injury. (with enhancements) At the time of his sentencing the judge told him that he believes that a life sentence is unfair but he has no option but to give him that sentence... Read more »

Carol Elizabeth Long
Carol Elizabeth Long answered on Sep 4, 2020

The 3-strikes law has changed and based on the charges you list, your fiancee must have been sentenced under original law. It appears he only has 2 strikes (robbery and GBI), which under the current law, would only require a prison sentence to be doubled. He should be entitled to petition the... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: If I was accused of stealing, can I still be charged a criminal offense even after paying the amount back?

I am a minor in California, I was fired from Target because there was an investigation placed on me that concluded that I stole $700 from the cash register and I admitted to it. I was told that if I pay the amount back, nothing else would happen, but I have heard that even after paying back the... Read more »

Carol Elizabeth Long
Carol Elizabeth Long answered on Sep 4, 2020

Unfortunately, yes you can still be charged with a crime even if you paid the money back. However, juvenile crimes of this nature can often be handled informally either before being "charged" or even after being charged. If you have no prior record, it is unlikely you will serve time in... Read more »

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