Q: If a current charge is non-violent can a 30yr old strike be used as an enhancement?
The current charge is sales/transport. Attorney is saying the DA will use a 30 year old strike as an enhancement to double the sentence if found guilty.
A:
more info needed.
your attorney is the best person to ask questions about your case.
S/he has all the info/evidence and can best advise you.
I would listen to your attorney before accepting any advice from a lawyer who has not seen all the facts.
A:
I suggest you consult with and perhaps hire a different attorney in your area. When I talk with DA's on behalf of my clients, they voluntarily dismiss the prior felony enhancement even when it's far more recent than yours. Otherwise, they know a Romero motion will follow to strike the enhancement.
Judges hate it when DA's play hard ball in plea bargaining negotiations knowing how over-crowded the state prisons and county jails are and will usually grant a Romero motion without hesitation unless there's something more to the defendant's background. Be aware the prior felony doesn't disappear from your record. It's just not used for enhancement purposes.
Good luck.
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.
