Facing New Criminal Charges with a Record? What You Need to Know

Jaime S. is no saint, but most reasonable people would agree the sentence he faced in a Los Angeles courtroom didn’t fit the crime. Short of money, and trying to interview to get a job, he stole a $179 Norelco electric shaver from a local appliance store. For this crime, Jaime faced a stunning sentence of 25 years to life.

The charge was commercial burglary because the DA believed Jaime had the intent to steal prior to entering the store. In my experience, this type of case typically results in a minor misdemeanor or even dismissal and no jail. But the DA had no interest in a plea bargain. The sentence Jaime faced goes far beyond the typical probationary sentence he would normally encounter.

 The issue? Although Jaime had been a law-abiding citizen for years, he had, more than ten years prior to the new case, two prior criminal “strike” convictions. What this case demonstrates is the importance of understanding how prior convictions may impact you if you are arrested and how a lawyer who understands the nuances of how prior convictions should be utilized by the prosecutor and judge, may significantly alter the outcome of your case.  

Although recidivism remains a problem in the Golden State as it does across the nation and around the world, every person has the right to feel they’ve paid their debt to society and can now move on with their life. Whether this involves prison, probation, or simply paying a fee, once someone has done the time, they deserve the chance to rebuild and lead a meaningful life like anyone else.

However, in the eyes of the legal system, all this changes dramatically if you are charged with another crime. Prior convictions immediately raise the stakes in court—starting with bail enhancements. If you have past criminal convictions, the state is likely to demand a higher level of bail to release you from custody. Likewise, sentencing can also include so-called enhancements for past convictions, just as it can for gang affiliation and other factors.

Moreover, defendants with past convictions may be targeted by prosecutors who will use the opportunity to pull past offenses into current cases even if they happened decades ago. Some of my clients who made youthful mistakes have had their histories dredged up in new cases—even when there seems to be little, if any, connection between the two incidents.

Past convictions are especially important when California’s Three Strikes Law comes into play. Under this law, convictions of violent or serious felonies become “strikes.” The first incident will typically result in normal sentencing guidelines. If the defendant gets a second strike, they will face twice the sentence of a new offender and must go to prison. The third strike will force a minimum 25-to-life sentence.

Proposition 47, passed in 2014, limits those “strike” offenses to serious crimes and violent felonies. However, not that long ago, many minor crimes qualified as a third strike, even stealing an electronic shaver. (Life sentences for minor thefts were common until the law change.)

Now the good news. Even if the DA charges you with a felony qualifying as a third strike for a relatively minor offense, not all hope is lost. Many of our clients have successfully petitioned the court to dismiss a prior strike—especially when the earlier offense occurred long ago with no subsequent issues, or when the prior conviction was non-violent or relatively minor.

Petitioning the court to remove a past strike with a Romero Motion is just one option the Hartmann Law Firm’s team of experts has at our disposal. Without the threat of enhanced sentencing built into the Three Strikes Law, your case and options for a strong future are better. But the Hartmann team has many other strategies to help clients with past convictions.

As a legal expert and respected practitioner in courts throughout the state, I have the experience and the relationships necessary to help my clients achieve the optimal outcome. Prosecutors eager to paint those with a past conviction as a career criminal and a menace to society often rethink their strategy after I begin communicating with them using a pragmatic style focused on achieving mutually beneficial results instead of an adversarial tone.

Even if a prosecutor does try to put you in the worst light possible, from the outset, my team and I will build a mitigation packet to humanize you before the court. This thorough document details challenges in your life contributing to the incident, such as addiction struggles, and the proactive actions you are taking to rectify the situation—ranging from substance abuse treatment to therapy and other corrective actions. And we’ll highlight all the good things you’ve accomplished in your life to give the judge a more balanced view.

Facing serious criminal charges is a traumatizing experience for anyone. It’s worse for those with past convictions. My clients have often reported feeling like all their hard work at rebuilding a stable and law-abiding life seems to crash down upon them when they experience fresh legal trouble. All that effort needn’t go to waste.

The Hartmann Law Firm team knows most people are not habitual criminals or heartless monsters. If you find yourself facing serious charges with convictions on your record, it is more critical than ever to have an attorney who sees the real you and can give you the best legal defense possible. That’s what you get with the Hartmann Law Firm. We will bring the full spectrum of defense techniques to bear on your case.

If you are arrested and have a criminal record, your first responsibility is to exercise your right to remain silent. Your second task is to contact me as soon as possible so we can begin to turn an already bad situation around.