Ballot Measure 11 imposes serious prison terms for the following crimes:

• Murder 300 months.
• Attempted Murder or conspiracy to commit aggravated murder 120 months
• Attempt or conspiracy to commit murder, 90 months.
• Manslaughter I 120 months
• Manslaughter II 75 months
• Assault I 90 months
• Assault II 70 months
• Kidnap I 90 months
• Kidnap II 70 months
• Rape I 100 months
• Rape II 75 months
• Sodomy I 100 months
• Sodomy II 75 months
• Unlawful sexual penetration I 100 months
• Unlawful sexual penetration II 75 months
• Sexual abuse I 75 months
• Robbery I 90 months
• Robbery II 70 months
• Arson I 90 months
• Using a child in a display of sexually explicit conduct 70 months
• Compelling prostitution 70 months

If you or a loved one are being charged with a serious felony that falls within measure 11, no amount of mitigation, or extenuating circumstance, or lack of actual harm is going to have any effect on the severity of the consequences.   When handling a measure 11 case, I will spend a large amount of time and effort to win the case or minimize the consequences.  One of the biggest benefits of hiring me on a measure 11 case, is that I am able to devote the necessary time to your case to achieve the best result.  During the first part of the case, our most immediate goal is to get our client released from custody and prevent interrogation by the police or the District Attorney’s office.  I often involve friends, family and employers as character witnesses at this stage in an effort to educate the court about our client and show that he or she is not a flight risk and is not a danger of re-offending.

Preparation & Investigation

Here is where a majority of the work on the case is done.  Either I or a skilled private investigator will review the forensic evidence, and interview witnesses. Depending on the facts of the particular case, I can prepare legal challenges to the arrest, search warrant, statements and other evidence. If necessary, I can obtain court orders to inspect and evaluate evidence in police custody. I often hire experts at this stage to perform their own tests. I can order copies of the 911 tapes and track down missing witnesses and follow up on loose ends left by the police. It is important to review the police reports for accuracy and inconsistencies, and if necessary, obtain court orders to obtain additional evidence in the hands of the District Attorney.  I will go to the crime scene, take measurements and photographs, and begin preparing exhibits for trial.

Mitigation

While preparing the case for trial, I am constantly looking to minimize the consequences to my client. I take a personal interest in each of my clients, and I do not want to see them go to prison for a long time. I can involve counselors, psychological evaluations, independent scientists, education classes, and sometimes polygraph examinations. I can do a background check on the alleged victim or victims. I always try to contact the victim to find out what they want out of the case, and to see if they will cooperate with us to help reduce the consequences to my client. I will often schedule a settlement conference or put a packet of materials together to put in front of the District Attorney’s Ballot Measure 11 Committee in an effort to have the charge reduced to a lesser-included, non Ballot Measure 11 charge.
By using these approaches I have been able to successfully reduce a so-called mandatory prison sentences, and even obtain acquittals or dismissals.  And of course, there is always the option of an appeal.

If you or someone you know is charged with a Measure 11 crime…

Call me for a consultation. I will gladly spend all the time it takes to review the case with you in my office.  In most cases, if the accused person is in jail, I can arrange a private contact visit with them at the jail, and the fee I charge for doing that would be applied toward the retainer fee for the entire case if I am retained.