Can Prior Strikes Be Removed By a Court?

There are two ways that a strike can be removed by a court. First, the prosecutor in a case may choose to strike allegations related to a serious or violent felony. This may be done because they don’t think that the defendant deserves a strike sentence. A prosector may also choose to drop a strike allegation if it is too hard to prove.

A California criminal defense attorney may also file a legal document known as a Romero motion. In this motion, the lawyer will ask the court to dismiss a strike in the interests of justice. The judge will decide whether to dismiss a prior strike based on an evaluation of all of the circumstances, including the defendant’s history, how long ago a strike occurred, and the facts of the current case.

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