How Fair is the Three Strikes Law for Miami-Dade Criminals?
If you or someone you know is going through a felony offense charge, then you may know about the three strikes law. This situation arises when an arrested individual is a repeat offender of three or more felony charges. The term actually comes from baseball when the batter receives two strikes before being out after the third.
What is the Three Strikes Law?
This is a law that increases the prison sentences for repeat offenders whether it is a felony regarding drunk driving, domestic violence or any other criminal offense. On the third strike, the judge gives the offender prison time. The first two instances may not result in a prison sentence, but that is why it is like baseball…third strike and you are out.
Authority figures see these individuals as a threat to society after so many repeats of the same offense or one similar to. They may see that the only other option for the offender is to put him or her safely behind bars. Florida enacted the three strikes law in 1996, and there are great Miami criminal lawyers that can help clients receive the lowest sentence possible.
Pros and Cons of the Idea of Three Strikes
Criminal law is something that is very serious, and there is not a lot of tolerance allowed. Miami criminal attorneys can tell you exactly what the pros and cons are of the three strikes law. The pros are:
· Repeat offenders stay in prison and are not out on the street
· Offenders are aware that the consequences will be harsher after the first two times
· The law was created for those individuals that have been or will be convicted of a felony, not those that have committed small crimes such as theft under $50.
The cons and downsides to the law are:
· Depending on the circumstances, a convicted individual can have two of the smallest felonies that put them on possible five years probation. Some people believe that it isn’t right to sentence them with twenty-five years in prison on the third strike, especially if the offender happened to be in the wrong place at the wrong time when the third conviction
came about
· The eighth amendment clearly states there shall be no use of “cruel and unusual punishment.” Some Miami criminal lawyers would argue that the three strikes law violates this amendment
· The majority of the time, Miami criminal defense attorneys can persuade their clients to take the plea bargain that the court has offered. Unfortunately, this still goes on the client’s record as a conviction…to some, this just is not fair.
What if the three strikes law helps decrease the amount of crimes committed, but then what if the crimes committed are more violent and severe than they would have been before the three strikes law? Miami criminal lawyers are here to help their clients in the best way they know how…by following the facts and the evidence. Call (305) 571-9800 to speak with us now.
