In the Norwalk Courthouse, I recently represented a client that was charged
with a Fourth DUI within ten years. In addition, he had previously been
convicted to two felony strike convictions. That meant that he should
presumptively be sentenced to state prison. The initial offer from the
prosecution was 32 months of State Prison. That was the low term for a
felony DUI of 16 months, doubled, because of the prior strikes, therefore,
32 months of prison. Moreover, because of the strike priors, my client
would have to complete 80% of his sentence in prison instead of the 50%
if he had had no strikes.
I negotiated with the prosecution and proposed an open plea to the Judge.
This judge is one of the strongest, most sensible and most compassionate
judges in Los Angeles county. Since my client was married, had a child
and had a great job, the judge was willing to consider our "Romero
Motion". A "Romero Motion" allows a judge to dismiss prior
strikes in the interest of justice. After hearing our facts, evidence
and presentation, the judge granted the "Romero Motion" and
struck the strikes for the purpose of sentencing.
The Judge agreed to sentence my client to house arrest for one year with
SCRAM monitoring. Three years of prison were suspended but not executed
(ESS). So as long as my client stays sober and does not violate probation,
he will only do house arrest and no prison. He stays united with his family
and keeps his job. Awesome!