I believe the DA can only three strike a defendant when that person has two prior violent felonies. I work in a courthouse and that's what I've seen in the past. They don't use the three strikes law on three charges arising out of one incident. There could be some other reasons that the DA is asking for a stronger sentence.
To explaim in more detail....... Hid DUI at 21 was enacted by the Marine Corp, I know he didnt actually drive then, but was getting into his car and he started the engine for heat or something like that..... but that was enough since he was on base. Yes, Honorable discharge, Full benefits, gets a 30% disability pay<which will be gone> gets a schooling payment<which will also be gone> and he gets a tool reinbursment< also gone> from the corp as well......., he bas been retired from the corp for about a year and a half now Yes he was sober when he got there, I didnt think he was that likely to have gotten into an arguement with her... I still dont know all the details of what exactly happened... Why he took off driving fast... guessing just general being pissed.....Police were not responding to anything, this is one of those spots they sit behind a tree to catch speeders ETC... The part of three for one....... DA wants to make an example, DA is serving him three times for each charge... as in filed three seperate court dates. Not sure how this is happening, but what I know is that there is a loophole in the three strikes law that allows for this.....If this is charged and processed as a single, even with it three different charges, then it would be one strike......... I agree about society needing to be protected, He needs help, he needs therapy to get out of the place he is in within himself. He has fallen into depression when his wife left about six months ago, a week after they got keys for a new house, she took literally everything they had. That was the start of the depression, it went from there when he was stuck with all the bills, having to ask for hlep weekly with finances, food, gas money.... It all brought him down further and further.... Thats what I want prayers to be..... that while he is infact incarcerated, he will be safe, keep his sanity, gain sobriety, and get the help he needs. Make no mistake I would lock him up myself for this. Im going to try and go see him Saturday to get the full story, who knows maybe I will come back with a nevermind.... he deserves it after I talk to him..... I doubt it though. He deserves jailtime, but not 25 to life
I applaud you in sticking by a friend in need. I on the other hand have no sympathy for this guy. In my eyes, driving under the influence of drugs/alcohol is a capital offense.... I'll just leave it at that.
From what I understand, while rare, it is possible to charge each individual crime as a separate strike even if it is part of one event. Since 2nd and 3rd strikes usually end up in a jury trial, I would suspect that an attorney will be able to work with the DA to reduce some of them to non-serious felonies or misdemeanors as part of a plea arrangement and reduce backlog in the courts. At the arraignment I believe the DA will hit with everything he has claiming to make an example of the perp, then work from there. Make sure your friend finds the money for a real attorney, not a public defender.
You got - will keep him on this list for a while... Hugs and prayers to all involved, they're going to need it. (you mentioned 'service member' - my son is a special intel marine, in 29 palms for a month training in prep for his second deployment. I understand EXACTLY how your friend and his other half were able to get fired up at each other. I wish our military enforced -- or at least encouraged relationship coaching. So many of these young couples have horrible examples to what relationships should be and should understand or be taught what mutual respect for each other can do for everyone.)
First off, I'm sorry about your friend. Yes yes, it's terrible what he did, etc. People F up. I dont get people saying "imagine what he might have done to his GF under the influence..." - you're not very good at reading comprehension, as he WAS drunk and he decided to leave; not the sign of a violent individual. A surprising amount of level headed people make terrible decisions in emotionally heated states like this. Nevertheless, driving like that is obviously a problem and he shouldn't be let off lightly. But to exploit the 3 strikes law like this seems extremely harsh. I work in this field (civil law, not criminal) and I get the impression that there may be some additional, undisclosed angle to this story. I'm guessing there is something else that was done, something inflammatory, to set this kind of retribution in motion. Either way, I believe it's too much to ruin someone forever for these actions. Your friend needs a good attorney. And I mean, a GOOD one that knows the district attorneys and can talk turkey with them to get to the root of the issue. If he just has a public defender, or a bottom-dollar attorney, I would go in there and strongly advise your friend to reconsider his representation. This is not an area where you skimp - when your entire life is on the line. I'd rather be out free and making monthly payments for a few years than fearing for my life behind bars. I know a few excellent criminal attorneys that I refer my clients to, each of which are highly respected, know the DAs, have impressive credentials, and get meaningful results - you know, big hitters. If your friend needs a few names, PM me. Unless there is something more to this case, a major event that I'm not hearing, a good attorney should be able to work some voodoo.
Sorry to hear this. Hope the state is to bankrupt to make an example out of him and can only "rehabilitate" him for a reasonable period. Considering it was a crime of passion and he is ex military maybe he will be alright. Three strikes is a joke and especially when it is applied unfairly like this…
Too bad for your friend, but he's obviously an idiot. Luckily he didn't kill anyone. Love the hypocrisy, or is it irony, of asking people to pray for him.
have his attorney make a deal with the DA. Community Service, fines, Treatment Program (which will be mandatory anyway). Make them believe that he really is sorry for what he did, wants to make it right and be productive about it. i suggest that while he is in jail (is he at Lacy or Main?) he seek out the inmate AA panels and start attending those, mainly for the fact that it will look like he is being proactive and trying to do something about the situation. if he has to do some time, perhaps with the deal he can get a lot less then he would have to do otherwise. but he cant just leave it in the hands of the DA and the Judge without trying to make a deal. and the more he initiates his penance up front with them, the more likely he will be able to reduce his sentencing, possibly even getting some counts dropped or kicked down to misdemeanors. he is going to have to pay a heavy price either way, as is appropriate.
You're a good friend Dustin. Sometimes all we can do is pray for people. I'm quickly reminded of Mark 2:17. Jesus didn't hang out with the goody two shoes crowd. His friends were scallywags and scumbags. We all have our problems, and rough tough times in our life. If jail time is all it takes to break our pride and turn us to Christ, then we're getting off far too easy. Don't bible thump him when you see him, just ask him if he minds if you pray, and let him know others are too.
what you say below CalEpic is soooo obvious - makes perfect sense. its amazing how our state gov. reps dont get it. We have plenty of desert to build prisons in. As far as the guy in question though - i do feel bad for him because we have all made mistakes - but the DA does have to do his job according to the law. Very tough situation if he was to get 3 strikes...
The law doesn't mandate that every criminal be charged with every possible combination of charges in every circumstance and that they then seek the maximum sentencing through any means necessary by separating out the charges to make them individual felony strikes. It's going a bit rough on the prosecutorial discretion.
Here is the Webpedia definition of the 3 strike law Three strikes laws are statutes enacted by state governments in the United States which require the state courts to hand down a mandatory and extended period of incarceration to persons who have been convicted of a serious criminal offense on three or more separate occasions. These statutes became very popular in the 1990s. Twenty four states have some form of habitual offender laws. The name comes from baseball, where a batter is permitted two strikes before striking out on the third. The Three Strikes law significantly increases the prison sentences of persons convicted of felonies who have been previously convicted of a violent crime or serious felony, and limits the ability of these offenders to receive a punishment other than a prison sentence. Violent and serious felonies are specifically listed in state laws. Violent offenses include murder, robbery of a residence in which a deadly or dangerous weapon is used, rape and other sex offenses; serious offenses include the same offenses defined as violent offenses, but also include other crimes such as burglary of a residence and assault with intent to commit a robbery or murder. Please note the 3 or more separate occasions. I believe this is what Korunner was trying to tell us all. So if the DA is going for the 3 strikes law there would have to be 3 separate felony offenses based on the definition of the law. Might be a little bit more to this story than we all know.
Well let me say this flat out.... he is absolutly NOT an idiot. He is a good guy, he is smart, he is educated....... The smartest brightest people in the world make bad decisions too. Bad decisions that come back ro haunt them, or they end up paying dearly for them. This guy without a doubt while sober would litterally give you the shirt off his back, give you the food out of his fridge, ETC ETC...... He is in a depression, and has slipped into alcoholism........ We as his friends were just getting him to come to the realization he has a problem, and before he could get help.... this is what happened. Everyone knows he did something bad and inexcusable, but please do not pass any kind of judgement as to who he is without knowing him. Asking for prayer in a situation such as this is exactly what a Christian would and should be doing, its not hypocrisy or irony. Its watching a friend hit bottom, and praying that he will see the light and take the right path when getting back up. We as christians cannot force his directions, but merely and carefully guide it and hope he see's the road signs we put up for him. The choice of his path is still his own and he MUST make the decisions on his own. I am not going to pray that he does not get jail time, in fact I <repeating myself> would readily be the first one to put him in the cell and turn the key... he deserves punishment, he will serve his punishment. But that does not in anyway mean that he doesnt deserve prayer or hopes that he will correct his life, get help for the depression, get help for the alcoholism, and turn shit around. Yes... I agre fully he is Damned lucky he did not hurt or kill anyone... no arguement from me there at all. Please do not list me as being hypocrytic for asking such a thing. Learn more of a situation before making that judgement, meet and get to know me first. If you truly think it hypocrytic..... study the bible more and see why one would ask this.
Ok, here is the current situation with me as a person. I pulled a couple strings that I can, rest is on his shoulders I made sure he was put into low risk housing, were he belongs for such an offense<dont ask how> I sent the chapplain of west valley to him.... I sent him a good lawyer.... rest is on him and that is were hte pryer comes in for him.
I am totally against drunk driving, but don't see hypocrisy/irony in praying that the individual: 1) Establish a relationship with Jesus Christ. 2) Realize his errors and change. 3) Be treated fairly in court, and be represented well.
$150 will save you $15,000 on auto insurance or life in prison.... http://www.amazon.com/gp/product/B0026IBZSK I bought one because I have 6 beer taps in my house and I don't want people throwing their lives away because of a few beers.
^ my kids bought me one for christmas (along with some booze). It gets used more at home for fun, maybe we'll use it more for safety.
I'll be praying for his strength and deliverance from such a destructive addiction. Growing up with an angry alcoholic father you see the destructive side of alcoholism and realize how stupid it is at an early age. I'm sure your friend is a great guy and a good friend, but just made a couple dumb mistakes. Praying he and his family can get through this.
STR is getting way too pious for me. I guess I'll be taking a break for a while. pi·ous [pahy-uhs] –adjective 1. having or showing a dutiful spirit of reverence for god or an earnest wish to fulfill religious obligations. 2. characterized by a hypocritical concern with virtue or religious devotion; sanctimonious. 3. practiced or used in the name of real or pretended religious motives, or for some ostensibly good object; falsely earnest or sincere: a pious deception.
