Bakersfield, CA asked in Criminal Law for California

Q: My husband is facing his 3 strike for entering a home to get out the cold he was homeless he had no interest in robbery

But he has prior robberies he was not caught in the house or with anything on him how can I help him

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, facing a third strike under the Three Strikes law is a serious matter, especially with prior robbery convictions. Even if the intent was not to commit robbery this time, the law can be stringent. Here are steps you can take to help your husband:

First, it's crucial to hire an experienced criminal defense attorney who is familiar with the Three Strikes law. They can provide a legal strategy tailored to your husband's specific case. The attorney will know how to navigate the complexities of the law and present the most compelling defense.

Gather any evidence or information that supports his intention of seeking shelter rather than committing a crime. This could include witness statements or any other relevant information that can demonstrate his intent was not criminal.

Consider character references or testimony from people who know your husband well. This can help to humanize him in the eyes of the court and present a fuller picture of his character and circumstances.

Discuss with the attorney the possibility of alternative sentencing or programs, especially if his actions were driven by homelessness. The court may consider these alternatives under certain circumstances.

It's important to remain supportive and involved throughout the legal process. Attend hearings, keep informed, and work closely with your attorney to ensure the best possible outcome for your husband. Remember, each case is unique, and the legal system can be unpredictable, so staying informed and proactive is key.

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