Burbank, CA asked in Criminal Law for California

Q: I got two strikes that were misdemeanor I never fought the case just to preliminary hearing can I delete the strikes?

Not romero act can I remove it permanently? Appeal my case is it possible to remove it permanently.

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO NEEDED.

IT SOUNDS LIKE YOU DIDN'T APPEAR FOR ANY COURT PROCEEDINGS AFTER THE PRELIM?

IF SO THERE IS A BENCH WARRANT WITH A BAIL REQUIREMENT OUT FOR YOU.

IS THERE A GOOD REASON FOR NOT APPEARING?

WAS THIS LAST MONTH OR MANY YEARS AGO? IN THE SAME STATE?

YOU SHOULD CONTACT A LAWYER AND EXPLAIN ALL THE FACTS TO HIM OR HER RATHER THAN GETTING

ANSWER FROM LAWYERS WHO DON'T KNOW ALL THE FACTS.

IT IS LIKE ASKING A SURGEON IF HE WILL BE SUCCESSFUL AND JUST TELLING HIM/HER OF YOUR HEADACHE

A DOC LIKE A LAWYER NEEDS ALL THE INFO TO GIVE YOU AN INTELLIGENT AND CORRECT ANSWER.

Rhonda Mae Hixon
Rhonda Mae Hixon
Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: The 3 strikes law- Penal Code section 1170.12- applies to felony convictions, not misdemeanors. A Romero Motion, that asks the court to strike a prior conviction, only applies to the sentencing at hand and doesn't get rid of the strike permanently.

If you want to check whether a certain felony is a strike, you can see if it's listed in Penal Code section 667.5 (violent) , or 1192.7 (serious).

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