Q: What is the criteria for filing a romero motion
A: You are asking the court to strike a prior strike to significantly decrease the amount of custody, and possibly the percentage of actual custody which needs to be served and/or probation eligibility. The recency and seriousness of the prior case is important.
A: There aren't criteria; there are factors the court will considers when deciding whether or not to exercise it's discretion and strike the prior strike. Judges look at the length of time since the last conviction and the current offense, the nature of the previous offense, whether or not the court possesses the necessary took to protect the community without sending the defendant to prison as well as the personal history and background of the defendant.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
