what does it mean for a attorney to strike a charge

A strike is a conviction in California for “violent” or “serious” felonies. These violent and serious felonies can be anything from murder to robbery. A strike can also come about in the case where a defendant is convicted of a felony where there was great bodily injury (this may include a DUI where there was a substantial injury).

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Can a defense attorney argue that a charge is not a strike?

Feb 19, 2010 · A strike is a conviction in California for “violent” or “serious” felonies. These violent and serious felonies can be anything from murder to robbery. A strike can also come about in the case where a defendant is convicted of a felony where there was great bodily injury (this may include a DUI where there was a substantial injury).

What is a strike in a criminal case?

Aug 31, 2016 · Is having a charge strike (or stricken) from the record has the same affect as it being expunction from the record I was charge with a DWI and I have documentation to have the charge drop. My concern is even if I get it demised it will still show on my record as being charge with it but being demised.

What does it mean to prove the strike allegations?

Dec 26, 2014 · Often times, the District Attorney alleges one of your client’s prior convictions for purposes of enhancing the sentence under the alternative sentencing scheme of Penal Code section 667 (b)- (i) and 1170.12, otherwise known as the “Three Strikes Sentencing Scheme” [1]. Sometimes, the allegation is made with little or no research by the prosecuting agency, e.g., …

What is a felony strike in California?

Jan 11, 2011 · My best guess is that most of us learned from practitioners using the common law principle “move to strike” after an objection. Move to strike was an effort to preserve counsel’s objection for appeal relating back to the question or answer. Another cure for the questioner’s hiccups is to try “let me rephrase”.

What does it mean when a lawyer says strike?

A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record. ... This is commonly accomplished by raising an objection, which a judge can either sustain or overrule. Such a motion is raised if evidence is irrelevant or prejudicial.

What does it mean to strike a defense?

Motion to Strike Affirmative Defenses in ERISA Disability Cases. Federal Rule of Civil Procedure 12(f) allows the Court to “strike from a pleading an insufficient defense or a redundant, immaterial, impertinent or scandalous matter.” Delta Consulting Grp., Inc.

What does stricken mean in court?

By Columbia Family Law Group | February 22, 2021. To have your pleadings stricken means that your complaint, petition, or lawsuit will be dismissed. This is a common order entered in family court to obtain compliance by one or both parties to move the case forward.Feb 22, 2021

What does it mean to strike a strike?

A strike is a conviction in California for “violent” or “serious” felonies. These violent and serious felonies can be anything from murder to robbery.

What does it mean to strike a hearing?

A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court.

Is a motion a complaint?

This formal writing breaks down into two categories: pleadings and motions. A pleading demands that the other party do something, while a motion requests that the judge in the case do something. ... A party filing a complaint is the complaining party, while the other side is the responding party.

What does it mean to strike a question?

n. a request for a judge's order to eliminate all or a portion of the legal pleading (complaint, answer) of the opposition on any one of several grounds. It is often used in an attempt to have an entire cause of action removed ("stricken") from the court record.

What happens when something is stricken from the record?

So “Stricken from the record” , means to remove a comment, statement or question, from the recorded log. Strike from the record, is a phrase you'll hear often in court room dramas.

Has struck or has stricken?

Most of the time the past participle of “strike” is “struck.” The exceptions are that you can be stricken with guilt, a misfortune, a wound or a disease; and a passage in a document can be stricken out. The rest of the time, stick with “struck.”May 31, 2016

What is a strike felony?

A strike is a violent or serious felony. A serious or violent felony is any offense causing severe bodily harm to another person. A strike can double your prison sentence than what is otherwise prescribed by the offense. You would be obligated to serve no less than 80% of the sentence.

What is the purpose of strike?

The purpose of a strike is to compel an employer to agree to terms and conditions of employment, whereas a lockout is intended to exert similar pressure on the employees and the union.

Can you get rid of a strike?

You can fight a California three strikes sentence in different ways. You can ask a judge to remove a strike prior by way of a Romero motion. Or you can fight to have a felony charge reduced to a misdemeanor. California's three-strikes law has changed a lot over the past decade.