DA says I have a strike but I didnt plead to a strike. please help

Is a one year sentence to much for sumone with a bad record and a hand to hand sales

  • do you think district attourneys are pieces of shit

    Votes: 11 73.3%

  • would you take it to trial and risk 8

    Votes: 4 26.7%
  • Total voters
    15
MrStickyScissors

MrStickyScissors

Well-Known Member
I got charged with hand to hand sales of a ounce of weed wich there scale was off so they have it down at 27grams. in my complaint the DA is saying that i have a strike. the last case i had was a assult with a fire arm wich was pleaded down to a lesser charge. they never went over terms and conditions of a strike with me i never even heard the word strike so for the past 5 years i have been walking around with a strik and didnt know it. Im wondering if i can fight that strike cause there wanting me to do 2 years at 85 percent and if i go to trial and lose 8 years. for 27 grams of weed in california
 
Find the best lawyer you can find and afford,,,,,,,,,,, But 2 years is way better than 8. A good lawyer will get you a better deal, for sure!

Remember, 3 strikes and your gone forever.
 
SSHZ said:
Find the best lawyer you can find and afford,,,,,,,,,,, But 2 years is way better than 8. A good lawyer will get you a better deal, for sure!

Remember, 3 strikes and our gone forever.
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i have the best lawyer in my area. its not helping. for one my lawyer has a murder trial to take care of and hes rushing me. sucks
 
GROspot said:
Your best bet is to make sure to use an extra dose of paranoia in all you activities from now on.
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yeah thats exactly what i would have done if i would have been aware that i had a strike. i went to prison for 2 years with half time got out and finished parole in 13 months so i thought i was home free.....wrong
 
Well, it's not like they are going to give you a pamphlet that says "so, you've got a strike." If you pleaded down to a lesser felony, it still counts as a felony. If their weight calculation is off have them show the evidence and ask to have it measured in court, if it's that much of a discrepancy they may toss the evidence as being tampered with.
 
cranker said:
Well, it's not like they are going to give you a pamphlet that says "so, you've got a strike." If you pleaded down to a lesser felony, it still counts as a felony. If their weight calculation is off have them show the evidence and ask to have it measured in court, if it's that much of a discrepancy they may toss the evidence as being tampered with.
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from what i understand is that they have to go over the conditions of a strike with you just like when you get probation they go over the terms and conditions.
 
when i go to court i say 2 words the whole time and its at the end of court. "yes sir'' to the judge my lawyer does all the rest. is it my responsibility to know that I have sumthing as serious as a strike or do you think maybe they should be responsible for letting you know
 
It cost me $75K so consider yourself lucky. I was caught w/ 875 plants. Ended up doing 62 days county, 1.5 years probation, $1K fine......... But it was like a lifetime ago.
 
SSHZ said:
It cost me $75K so consider yourself lucky. I was caught w/ 875 plants. Ended up doing 62 days county, 1.5 years probation, $1K fine......... But it was like a lifetime ago.
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damn 75 racks. yeah i shouldnt be bitching. im not going to be so lucky ima be doing over a year most likly
 
My point is: I've found a great lawyer with good connections can work wonders. Mine had a close contact in the prosecutors office. The top guy went on vacation- and the case was assigned to "my lawyers friend"........ that was on Friday, and I was in court the following Monday pleading guilty and off to jail.
 
see that would be nice if that would happen but the DA i have is one of those DA's that all lawyers hate. he has a rep for sending people to prison for sumb shit. iv talked to a couple lawyers and I even talked to the one that represented scott petterson at first kirk mcalaster i had him for a juvinile case hes really good and he even says that this DA should of retired by now and that once hes locked in its a wrap. maybe if i kick it out enough he will die or retire lol
 
Mod edit: please refrain from statements that even resemble encouraging someones death. I try to be lenient but that's not really proper for this forum, no matter how much you hate them. I hope you can understand and appreciate that, it makes my job easier. :grin: You should still be able to edit it to something else or delete it at your discretion.
 
see that would be nice if that would happen but the DA i have is one of those DA's that all lawyers hate. he has a rep for sending people to prison for sumb shit.
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You could probably get your case moved if that is the case. I would definitely try that, SF is great place to be for weed, cause our DA will throw that out in a second. Oakland would probably work out for your benefit as well. I wouldn't try to fight your DA, I would try to get the case moved... see if it's possible. Do you know any attorneys that are friendly with your judge?
 
mccumcumber said:
You could probably get your case moved if that is the case. I would definitely try that, SF is great place to be for weed, cause our DA will throw that out in a second. Oakland would probably work out for your benefit as well. I wouldn't try to fight your DA, I would try to get the case moved... see if it's possible. Do you know any attorneys that are friendly with your judge?
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there all friends with the judge hes a cool guy. freeland is his name lol. its just this DA hes the only problem. he seems like he really doesnt want to go to trial even tho its a slam dunk case i think he may be busy but i might use that to my advantage i just need to get the strike off the prior list that ways im only playing with 4 years if i lose instead of 8 then i got him by the balls
 
cranker said:
ah ok, has it been more than 5 years since your "strike"?
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thats another thing that i need to clear up. cause i think it was 5 years from when the actual crime was committed but around 4 years from the time that i pleaded guilty to it. they have that on the complaint as well commited a felony within 5 years
 
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