Monder Law Group - News

Three-Strikes Sentencing

Now that the three-strikes law has been changed to require that a third conviction be serious or violent in order to be sentenced 25 years-to-life in prison, it’s estimated that about 3,000 inmates could qualify for re-sentencing. Prosecutors, defense lawyers, and the San Diego Superior Court officials are preparing for all the requests from inmates for re-sentencing. The San Diego District Attorney’s Office has already received many petitions.

Once a petition is filed, what is the process for a re-sentencing?

First, an inmate must file a petition to be re-sentenced.

Next, the inmate must qualify for a hearing in front of a judge.

Some inmates will not qualify for a sentence reduction. For example, those who are registered sex offenders will not qualify for a reduction. Also, prisoners with convictions for rape or child molesting also won’t qualify even if their final strike was a nonserious felony. However, some convictions that involved the use of a firearm or drugs will qualify.

Once an inmate is qualified to appear for a hearing, he or she will face a judge. The judge has the final call on whether to reduce the sentence and can refuse if it is determined doing so presents an “unreasonable risk to public safety.” An inmate’s prior convictions and their record of behavior in prison will be part of these hearings.

This new opportunity to be re-sentenced has given inmates and their families new hope. Now, inmates who have been sentenced as long or more than 18 years ago could be released. Inmates who had been serving life sentences for committing a nonserious and nonviolent third felony will now have the chance to leave prison, re-join society, and begin living their lives with their families and friends again.

IF YOU HAVE ANY QUESTIONS, CONTACT SAN DIEGO CRIMINAL DEFENSE ATTORNEY VIK MONDER AT 619.405.0063 OR VISIT CRIMINAL THREE STRIKES ATTORNEY