13 October 2023 |

People v. E. G., Case #s: CN410735, CN400915, CN412360:

People v. E. G., Case #s: CN410735, CN400915, CN412360: Client was arrested for felony DUI, because it was his 4TH DUI,  when he hired us. He had a felony residential burglary, a felony 1st degree burglary and a felony domestic violence assault with a deadly weapon not a firearm causing great bodily in his background; and the 2 burglaries were both strike offenses. In California if you get 3 strikes you are out and get life in prison. Strikes are awarded for serious felonies or those resulting in great bodily injury. Plus, he had a ‘First Prison Prior’. This means he has been to state prison and has had another felony arrest within 5 years of his release from prison. All these issues makes prison mandatory if convicted for another felony. This is all  bad enough. But while we were litigating his case this guy was arrested 3 more times, getting 3 additional serious misdemeanor offenses and convictions. Not felonies but still denoting he cannot be law abiding or is a candidate for probation. He also was ordered not to drink alcohol of consume drugs and a scram (alcohol monitoring) device was installed on his person (ankle bracelet). However, he had 2 episodes where the Scram device denoted he has violated this no-alcohol order The only way for him to avoid prison, with his background and conduct while we were litigating this matter, is to strike one of the old strikes because, if you have 2 strikes and are convicted for a 3rd felony it is a 3rd strike resulting in life in prison. Plus, we had to convince judge his 3 posts felony arrest charges were aberrations.   Disposition: We were able to strike the strike and out client avoided prison with 3 years probation!!

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