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Authority of Trial Court to “Strike” a Strike Prior under the Romero Decision

Strikes are included in Penal Code section 1192.7(c) (“Serious Felonies”) and Penal Code section 667.5(c) (“Violent Felonies”). [See Cal. Penal Code § 1170.12(c)(2)]. As mentioned on this website, under California’s Three Strikes Law, an offender can face up to 25 Years to Life in the State Prison if he or she is convicted of more…

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Half-Time Credits – Why the in-custody term for most crimes is actually half of what is ordered by the Court.

If you are sentenced to State Prison, County Jail, or County Jail as a condition of probation, you are ordinarily entitled to “half-time” credits, unless you committed a violent felony (a type of “strike” offense) requiring you to serve the offense at “85 percent” time [Cal. Penal Code §§ 667.5(c), 2933.1], or have been found…

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Proposition 57 and Charging Minors as Adults – A Paradigm Shift

         Changes Created by Prop. 57 in Charging Minors as Adults    Proposition 57 was the second major change to juvenile transfer hearings within a year that evidences a new rehabilitative focus in which the transfer criteria are viewed in light of the minor’s maturity, intellectual capacity, physical, mental, and emotional health at the time…

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