MrStickyScissors
Well-Known Member
there saying that i have a strike from when i was a juvinile 8 to 10 years ago. there trying to hold it agianst me. can they do that? i was not tryed as a adult
Sumone that knows CA law please help
- Thread starter MrStickyScissors
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Mellowman2112
Well-Known Member
Get a lawyer.
MrStickyScissors
Well-Known Member
I have a lawyer and I found out that yes they can hold it agianst you if you were the age of 16
FootClan
Well-Known Member
never heard of such a thing.......dude what did you do?? who gets a strike from when there a juvinille ....man you must of pissed someone off you shouldnt have....... next time try and pass the attitude test that could help....
MrStickyScissors
Well-Known Member
I was driving my car and my friend shot sumone out the window
MrStickyScissors
Well-Known Member
yeah under 28 grams there scale must of been off cause they said it was 27 grams but I wieghed that shit 3 times like allways and it was a gram over. they must of took a nug lol i go to court on the 9th im getting fed up with it cause i cant start a big grow op cause i dont know when im going to go to jail i dont want to be in the middle of a 10 lighter and I have to turn myself in
MrStickyScissors
Well-Known Member
been trying to get a job.... I got a interview wich was amazing then they check my background and wouldnt even answer there phone when i called lol
benign
Active Member
Yeah I remember that, sucks too all over an oz. Good luck on the case, that really sucks about the strike thing, you just happened to fall into one of the categories where it can count against you...in case anyone else reading the thread is curious (it's good info) below are the felonies that can count as a strike while you are juvenile under CA law.
I guess that it is a positive thing that this wasn't a violent crime so more than likely you shouldn't get any real time, probably a year maybe less if they don't take the previous strike into consideration. However if you are habitual even gross misdemeanors you could be looking at a bit more time, I've had a few brothers go down pretty hard in other states because of the 3 strikes rule, but they were habitual violent offenders and members of a well known MC so it was sort of expected that they would end up in that situation long before their 2nd strike.
888.327.4652 | 24/7 Three Strike Consultations
[h=1]Juvenile Convictions Under California Three Strikes Law[/h]For purposes of California’s three strikes law, juvenile adjudications are listed in California Welfare and Institutions Code Section 707(b). According to case law, a juvenile adjudication for a W&I 707 offense must constitute a violent felony or a serious felony in order to count as a strike. Here is a list of W&I 707 offenses:
- Murder.
- Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.
- Robbery.
- Rape with force, violence, or threat of great bodily harm.
- Sodomy by force, violence, duress, menace, or threat of great bodily harm.
- A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
- Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
- An offense specified in subdivision (a) of Section 289 of the Penal Code.
- Kidnapping for ransom.
- Kidnapping for purposes of robbery.
- Kidnapping with bodily harm.
- Attempted murder.
- Assault with a firearm or destructive device.
- Assault by any means of force likely to produce great bodily injury.
- Discharge of a firearm into an inhabited or occupied building.
- An offense described in Section 1203.09 of the Penal Code.
- An offense described in Section 12022.5 or 12022.53 of the Penal Code.
- A felony offense in which the minor personally used a weapon listed in subdivision (a) of Section 12020 of the Penal Code.
- A felony offense described in Section 136.1 or 137 of the Penal Code.
- Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.
- A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code (relating to criminal street gang sentencing enhancements).
- Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 if great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape.
- Torture as described in Sections 206 and 206.1 of the Penal Code.
- Aggravated mayhem, as described in Section 205 of the Penal Code.
- Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or deadly weapon.
- Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209 of the Penal Code.
- Kidnapping as punishable in Section 209.5 of the Penal Code.
- The offense described in subdivision (c) of Section 12034 of the Penal Code (relating to "drive-by" shootings).
- The offense described in Section 12308 of the Penal Code.
- Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.
MrStickyScissors
Well-Known Member
yeah i got 2 years with half in 2007 for assault with a firearm and they are trying to give me more time for a weed charge. its all about what D.A you get. they didnt bring up the strike on the gun charge but now they are on the weed charge. thats why i feel they are full of shit
benign
Active Member
Thats pretty fucked up, but I guess that there is a positive way to look at it, had they brought it up on the assault with a firearm charge that would have been #2 and the weed charge would be 3, I think the other D.A was just a lazy POS and didn't do his due diligence prior to the case coming up. This one is probably a bit more competent and out to make a name for himself so he brought up the old strike which is some bullshit on a weed charge.
If it was under an OZ they had to have hit you with H&SC 11359? Were you also carrying a piece or was it just simple Possession with intent? Without a piece and just a 11359 charge, given priors you'll probably do a year in state and I really doubt that the Judge would count this as #2 as long as you weren't carrying and there was no violence involved. If you had a weapon then it's a whole different story (especially in California) I think you can pretty much count on going down for at least 5 served minimum and #2 on the record.
Did they offer you any sort of plea bargain, if you have a good lawyer he may be able to get the prosecutor to agree to charge you with H&SC 11360 (transportation/importation) since you were under an Oz. Thats a $100 fine and a misdemeanor, it's a long shot but if you've been doing well since 2007 and can really show that you are "turning your life around", I assume that when you were charged in '07 you had to attend Anger Management classes or something to that effect if you completed them successfully and haven't had a violent incident since then there is a good possibility that you may get off on a much lesser charge.
In any case I wish you luck on Monday, I don't think you'll be down too long, worst case a year in state, best case 6 months house arrest and some probation. More than likely you'll get something but given the state's issues with overcrowding I'm thinking that you'll be good.
If it was under an OZ they had to have hit you with H&SC 11359? Were you also carrying a piece or was it just simple Possession with intent? Without a piece and just a 11359 charge, given priors you'll probably do a year in state and I really doubt that the Judge would count this as #2 as long as you weren't carrying and there was no violence involved. If you had a weapon then it's a whole different story (especially in California) I think you can pretty much count on going down for at least 5 served minimum and #2 on the record.
Did they offer you any sort of plea bargain, if you have a good lawyer he may be able to get the prosecutor to agree to charge you with H&SC 11360 (transportation/importation) since you were under an Oz. Thats a $100 fine and a misdemeanor, it's a long shot but if you've been doing well since 2007 and can really show that you are "turning your life around", I assume that when you were charged in '07 you had to attend Anger Management classes or something to that effect if you completed them successfully and haven't had a violent incident since then there is a good possibility that you may get off on a much lesser charge.
In any case I wish you luck on Monday, I don't think you'll be down too long, worst case a year in state, best case 6 months house arrest and some probation. More than likely you'll get something but given the state's issues with overcrowding I'm thinking that you'll be good.
benign
Active Member
An ounce or less is decrimmed but even if you have a gram on you and you try to sell it to a narc you are going to be charged with a felony, California is fairly lenient but when you involve sales or weapons you step into a whole different set of charges.
MrStickyScissors
Well-Known Member
yeah they charged me with hand to hand sales. no wepons involved. got the best lawyer in my county. I have been in court 5 times sense iv been a juvinile for 5 different charges never did they bring up a strike so that would mean there were 5 DA's before this one that didnt see it. i dont think so but its possible. i hope not. they havnt offered me a deal but they shot down the deal i wanted which was a year in county and they are saying what ever i get is doubled wich is false thats only on your second strike. so i think there full of shit trying to scare me not to go to trail. but i to the point where there dumb asses will have to waste money to try me over a zip fuck it i will do the extra time for wat i feel is right
Wow, I'm shocked by how much time you're facing for selling under an ounce in California of all places... just because you have one strike on your record... that's frightening and wrong, I truly wish you the best... I'll be prayin' to the universe for ya... (atheist, sorry 
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benign
Active Member
Best Lawyer in the county= a very good thing, we always equate the time to money when it comes to Lawyers, they are expensive as hell but when you get right down to it I can almost guarantee you that the money you spend on your defense will be about half of what you could have made if you were outside. I think that if your lawyer keeps threatening to go to trial then they will move it down, fuck a year in county, I'm surprised the DA wouldn't take that deal, however unless you are 50 years old catching 5 cases since being a juvenile doesn't help you at all.
I agree with you on the trying to scare you into not going to trial, I would just keep pushing trial right now they want to put you down for awhile, if they aren't offering a deal now I bet they will pretty soon a year in County really ain't shit but I don't think that it will even come to that, I'll be looking for your post on Monday evening.
MrStickyScissors
Well-Known Member
yeah I go to court monday at 830 then they are continuing it tell 130. Usually my Lawyer sends sumbody cause hes in a murder trial in another area but he wants to be there monday so im hoping sum kind of deal is brought up. its been like 8 months now i think getting tired of it.. I have looked up and down for a job got 1 interview and was shot down cause im my record. That was all before i had kids i dont fuck around like that anymore. I grow dank and i sell it to clubs they need to get over it. i sold to a cop and they are trying to give me more time than a child molester would probably get. its bullshit. if i was to be caught with that ounce i would have got a ticket but god forbid I made 180 dollars off it so give me years away from my kids. wat i did is the equivilant of selling beer to a minor
MrStickyScissors
Well-Known Member
thanks manWow, I'm shocked by how much time you're facing for selling under an ounce in California of all places... just because you have one strike on your record... that's frightening and wrong, I truly wish you the best... I'll be prayin' to the universe for ya... (atheist, sorry
FootClan
Well-Known Member
lol " well theres your problem right there"
MrStickyScissors
Well-Known Member
10 years ago