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 as though 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. But a successful Romero Motion may allow your friend’s prior strike to be set aside for the purpose of sentencing.

If bail was set at schedule, it would be in excess 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.

Whenever I accept a jail call from my 1-844 DUI Boss phone line, I indicate at the beginning of the call that it is covered by attorney client privilege and may not be monitored or recorded. If an attorney forgets to do this, the jail-caller should make it very clear in the beginning of the conversation that he is speaking with an attorney.

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