Judges ordered not to release prisoners under new three strikes law until prosecutors have notice and a full hearing takes place
If one of your loved ones is serving a “three strikes sentence” and wants to be released or be more favorably re-sentenced under the recently passed “Three Strikes Law,” you are advised to immediately retain an experienced criminal defense attorney.
Under the recently passed “Three Strikes Law,” prisoners currently serving 25 years to life for a non-violent and non-serious third felony conviction may seek court review of their sentences. In certain circumstances, these prisoners may obtain more favorable re-sentencing.
Obtaining a lawyer became much more important when the Court of Appeals decided the case of People vs. Superior Court (Kaulick) (2013) 2013 DJDAR 5571. The Court of Appeals held that a judge was incorrect in agreeing to reduce an inmate’s sentence under the “three strikes law” because the prosecution had not been notified of the facts of the case and no hearing had taken place. The Court of Appeals reversed the trial court’s order and the inmate must remain in custody until there is a full blown hearing.
If you want to be released or more favorably re-sentenced under the new “Three Strikes Law,” the Court of Appeals made four requirements regarding how a sentencing court is to evaluate if you pose a risk of danger to public safety:
- The prosecution has a right to be notified of the re-sentencing hearing and must have the opportunity to be heard
- Both you and the alleged victim have the right to be heard at the re-sentencing hearing
- The re-sentencing should take place before the trial judge who originally sentenced you. You can waive this requirement. And
- The prosecution has the burden to establish your dangerousness at the re-sentencing hearing.
Who Can Help Me?
We all know that in most cases the prosecution will do all they can to oppose any attempt to lower the prison sentence of those doing lengthy sentences. At Wallin & Klarich we do everything in our power to convince the prosecutor that he will not be able to establish that you pose a risk of danger to public safety.
When you are trying to cut years off of your prison sentence you will need a strong criminal defense law firm fighting for your release.
Wallin & Klarich has over 30 years of experience successfully representing criminal defendants. We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (888) 280-6839. We will be there when you call.