Drug Addiction a Major Player in Many California 3 Strikes Convictions

Drug Addiction a Major Player in Many California 3 Strikes Convictions – Retired Superior Court Judge of Santa Clara, California Eugene Hyman talks with The Legal Broadcast Network about the upcoming 3 strike reform act in California to soften sentences for non-violent crimes, such as drug possession. On the upcoming November 3 California election ballot is to soften sentences for non-violent crimes in the 3 Strike Act, such as drug possession. With a history of violent crimes, the third strike is an easy decision but a problem arises when someone picks up a couple of strike offenses that aren t violent, says retired Superior Court Judge of Santa Clara, California Eugene Hyman. One of the initial problems, says Hyman, is figuring out what some of the crimes are that are classified as non-violent. For example, in California, threatening someone by saying I m going to kill you, qualifies as a third strike offense. Petty theft, as another example, is a robbery if force or fear is used and robbery, in California, whether or not the person is armed is not only a straight offense but now it is a strike felony, according to Hyman. Source: article.wn.com If the prosecutor has charged a crime under the 3 strikes, the defense has a couple of options to bring a motion at the time of sentencing to strike a strike, says Hyman. The person may be treated as a second strike person rather than a third strike person and then their prison sentence is usually doubled because they re ineligible for probation, Hyman adds. Hyman notes that the prosecutor, as a …

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