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  1. #1
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Plea Bargain and Two Strikes

    if he is involved in a plea bargain, all bets are off. At best, somebody could provide you with what the statute allows as a penalty, If there is a plea bargain in place, part of it could be a reduced sentence.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Plea Bargain and Two Strikes

    Once it's approved by the judge, it will be public knowledge. You can inquire of the clerk. If you are a victim, see if they have a victim's advocate which usually will keep you informed of the case progress.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Plea Bargain and Two Strikes

    If he is pleading guilty to forcible rape and felony intimidation, I can only imagine the extent of the original charges! Holy smokes!

    As flyingron said, if you are a victim you have a right to access information on the case. Check with your county's victim-witness advocate office and they can give you information. if you are a friend or loved one of the rapist, then you can wait until the matter becomes public record.

  4. #4

    Default Re: Plea Bargain and Two Strikes

    Quote Quoting cdwjava
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    If he is pleading guilty to forcible rape and felony intimidation, I can only imagine the extent of the original charges! Holy smokes!

    As flyingron said, if you are a victim you have a right to access information on the case.

    I am not the victim, so I will patiently wait until it becomes public record.

    He was charged with multiple felonies.
    I only know what three of them are...the two he pleaded guilty to, and another violent felony that he did not plead guilty to.

    I asked him what the others were many months ago before the plea deal, and he would not tell me.

    Will those be public info after sentencing?

    Or, can I find out now by asking the court clerk to see the transcript for his Arraignment on Information hearing?

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Plea Bargain and Two Strikes

    Quote Quoting goldilocks
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    I am not the victim, so I will patiently wait until it becomes public record.

    He was charged with multiple felonies.
    I only know what three of them are...the two he pleaded guilty to, and another violent felony that he did not plead guilty to.

    I asked him what the others were many months ago before the plea deal, and he would not tell me.

    Will those be public info after sentencing?

    Or, can I find out now by asking the court clerk to see the transcript for his Arraignment on Information hearing?
    The original charges filed should be on the court website and public info.

  6. #6

    Default Re: Plea Bargain and Two Strikes

    One detail I failed to mention is: Both felonies are DV related.

    Does DV have any influence on the sentencing procedure, or is there no difference whether the victim is a S.O. or a stranger?

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Plea Bargain and Two Strikes

    The specific code sections and associated enhancements will determine under what guidelines he can be sentenced by. Even if he had priors, if the DA does not properly file these priors, then he could be sentenced as a first offender. Likewise for any enhancements.

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