Three Strikes and You’re Out: Is This Criminal Law Justice?

criminal-handcuffs-300x200With an increasingly crowded penitentiary system and many offenders serving life in prison for nonviolent crimes, more and more critics of America’s current legal system – including California criminal defense lawyers– have been questioning the usefulness of the three strikes law in today’s society.

The Law

Though its name is largely self-explanatory in nature, California’s Three Strikes Sentencing Law isn’t quite as straightforward as it sounds. It mandates that anyone convicted of a second felony be sentenced to twice the sentence that a first would incur. For a third, the sentence must be at least 25 years, and possibly as long as life.

In 2012, the passing of Proposition 36 amended the law to state that only a serious or violent prior felony would qualify offenders for the 25-year-to-life sentence, and those currently serving a third-strike sentence for felonies that no longer apply might petition the court for a reduced sentence.

A Poor Rationale?

Despite the recent amendments, some still question the legitimacy of this law. In the case of violent repeat offenders, lawmakers and the public are slightly less divided. But what about cases where no violence is involved, or worse, sting operations? A story about a Louisiana man illustrates this case well.

Fate Winslow sold an undercover officer a dime bag of marijuana, at the officer’s request, and is now serving life in prison because he had two previous convictions. Though illegal, the crime was far from a violent offense. As reported by KTBS, “Critics have long argued Louisiana’s habitual offender law, coupled with mandatory minimums, have disproportionately affected black males and lead to jail overcrowding.”

Not Just a Problem for the Convicted

While many citizens and lawmakers may not be concerned about the fates of the convicted, everyone should be concerned about overcrowding. As of 2010 it cost more than $31,000 to keep someone in prison for a year.

More importantly, though, some question the right of society to lock people up indefinitely for nonviolent crimes. Moreover, as stated above, profiling ensures that the three strikes law is often unfairly used against certain subsets of the population.

If you are a victim of the three strikes law and wondering how a California criminal defense lawyer can help your case, call now at [number type=”1″], or go to our website: www.youareinnocent.com to learn more about your options.

Three Strike Offenders Helped By Stanford Law Students

The website latimes.com reported in a story on May 13, 2009 that a group of students from Stanford University assisted by their professors are helping 3rd strike offenders get out of prison early. The students aim their efforts at mostly non-violent inmates where their third strike was a minor offense. Inmate Norman Williams, 45 had not received a visitor for nearly 10 years when he got a visit from two Stanford students and a professor offering a chance of freedom. Williams’ third strike crime was stealing tools and a car jack from a tow truck.

Sitting in Folsom state prison, the trio told Williams that they believed his sentence was cruelly harsh. Acknowledging that it was a long shot, they wanted to try to reduce his punishment. As a result of their efforts, he walked out of prison two weeks ago.

William’s case is just one of many victories for the Stanford law clinic that brings together law students who are dedicated to reversing the injustices under the three-strike law.

Stanford law students are supporting prisoners guilty of what they believe are minor crimes, which raises the question of how much prison time is too much. The students are working to make right what they believe is an accumulation of extremely unfair sentences for minor crimes and possibly bring about changes to the law regarding three strike crimes in California.

Jennifer Robinson, a recent graduate, said, “These people fall between the cracks. It’s an awful situation that I don’t think that the voters envisioned.”

It seems unbelievable that you could spend 25 years to life in prison for stealing a loaf of bread, but it’s true. California’s controversial “three strike law,” passed in 1994, is very complex and difficult to interpret but, simply stated, it means that you may be sentenced to serve a minimum of 25 years in prison and a maximum of life if:

  1. You have previously been convicted for committing 2 serious felonies (strikes); and
  2. If you are convicted for committing a third offense (possibly a misdemeanor)

If you or a loved one is being charged with a third strike crime in Los Angeles you should call the experienced Los Angeles three strike defense attorneys at the law offices of Lawrence Wolf. They have been helping individuals for over 30 years and have a long history of successfully handling the defense of clients charged with crimes in California. Please call [number type=”1″] for a free consultation.

Bone Thugs-N-Harmony Rapper Accused of Being a Felon in Possession of Gun

The latimes.com website reported in an article on April 13, 2009 that rapper Flesh-N-Bone, whose real name is Stanley Howse, 35 a founding member of the rap group known as Bone Thugs-N-Harmony, is being charged for being a felon in possession of a firearm. Howse is a Grammy winning rapper, and this charge is the most recent in a string of legal problems.

Jane Robinson, spokeswoman for the district attorney’s office stated that Howse was pulled over by Los Angeles County sheriff’s deputies after they noticed a broken brake light on his car. Being on parole, Howse was then subjected to a search of his car and home in Canyon Country. The sheriffs found a 9-millimeter semiautomatic pistol, that Howse claimed belonged to his wife who is a Chicago police officer. According to the prosecution, Howse has five prior felony convictions going back 10 years that include assault with a semiautomatic weapon, possession of a firearm by a felon, and assault likely to produce great bodily injury.

An experienced Los Angeles three strike defense attorney from the Law Offices of Lawrence Wolf may be able to successfully argue that your prior felonies were not, in fact, “strikes”. Your attorney may also convince the courts that your current charges are unwarranted. Criminal charges can carry life changing consequences. If you or someone you know has been arrested, or is being investigated for a crime, you need immediate advice from a skilled Los Angeles three strike crime defense lawyer at the Law Offices of Lawrence Wolf. Protect your rights and your freedom. Please call [number type=”1″] for a free consultation.