Q: I am being charged with a felony why are my charges from 1995 still a factor
I am being charged with a felony felon in possession of a firearm how long can my prior charge be used against me ?
A:
It's not the how long ago the prior felony occurred, it's the nature of the felony. If it was not a "serious and violent felony" as defined by Penal Code 667, it might be possible to have it stricken from consideration in terms of the enhancement.
Undoubtedly, you have an attorney representing you. Ask him (or her) whether a Romero motion can be filed to have the prior felony stricken.
A:
MORE INFO IS NEEDED.
IF YOU ARE CHARGED YOU MUST HAVE HIRED OR HAD A PUBLIC DEFENDER APPOINTED.
S/HE IS THE PERSON WITH ALL THE INFO WHO COULD INTELLIGENTLY ANSWER YOUR QUESTION.
WE ALL HAVE BAGGAGE.......YOU HAVE LEGAL FELONY BAGGAGE.
ASK YOUR LAWYER IF A ROMERO MOTION WOULD BE APPROPRIATE TO GET RID OF YOUR PRIOR FELONY.
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