In order to prove a prior strike in someone’s case, a prosecutor will run that person’s criminal record through the CLETS system. This is something that is done in every single criminal case—not just to identify prior strikes, but to view the entirety of a defendant’s criminal record in order to decide how to handle a new offense.
If a prior strike is found, then a criminal complaint will be filed by the filing deputy for the district attorney’s office, wherein the intention to prosecute that defendant under the three strikes law will be made clear. If at some point the prosecutors decide that it’s appropriate, then they will strike off the complaint and the threat of being prosecuted under the three strikes law would be removed.
If Convicted Under California’s Three Strikes Law, Can I Become Eligible For Parole?
If someone receives a strike, they will not necessarily be sentenced to time in prison; they could receive a county jail sentence or no jail time at all. The concept of parole comes into play when someone has been released from state prison.
This means that if someone was sentenced to county jail time instead of prison time, they would be placed on probation as opposed to parole. Parole generally lasts for one to three years, and the parolee will be assigned a parole officer and a set of rules by which they must abide.
For more information on Proving a Prior Strike In Los Angeles, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0940 today.