QUESTION:

What do you think will happen? A friend, got arrested for breaking his sons mothers nose and giving her a black eye. (He has prior violent offenses and one strike.) He then bails out, misses court, gets warrant….then, robs someone, hit them in the head with a firearm…he was already on probation for a previous case that involved violence..he was charged with being a felon in ammo possesion and possesion of a firearm, conspiracy etc..there is witnesses in both cases.

ANSWER:

The fact pattern you have laid out sounds like it could produce a third strike. A third strike would result in a sentence of 25 years to life in the state prison. That is the maximum exposure. It might be possible to have your friend’s prior strike set aside for the purpose of sentencing. But even without a strike prior, the felony while out on bail enhancement, firearm enhancement, probation violation, and serious violent nature of the new charges create lengthy prison exposure – all potentially served at 85 percent.

If bail was set at schedule, it would be north of one million dollars. But your friend is likely being held without bail now because of the earlier bail violation.

It is imperative that your friend does NOT discuss the facts of his cases while in jail. He needs to be aware that all jail calls are recorded and monitored and routinely used as evidence.. He should only discuss his cases with his attorney.

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