The Importance of a Romero Motion

February 16, 2011

California’s three strikes law is an oppressive sentencing scheme that can unfairly send even nonviolent offenders to prison for life. And even when it’s not a third strike that the offender is facing, the three strikes law doubles the sentence of a “second strike” offense as well. The good news is that a successful California Romero motion allows a judge to “strike” a strike so that he/she is legally able to sentence a defendant to less time when appropriate. That is the beauty of a California Romero motion.

Another benefit of having a judge strike a prior strike is that this will often allow you to participate in diversion programs that you would otherwise be ineligible for. For example, drug addicts who are repeat offenders are generally prohibited from participating in most drug diversion programs when they have strikes on their record. However, having a strike stricken may allow you to participate in drug court where the focus is on rehabilitation rather than on punishment.

If you are facing a second or third strike in California, you should immediately consult with a California criminal defense attorney who can evaluate whether or not you are a good candidate to file a Romero motion. If you are…and if the motion is successful…it will make a world of difference.