Three strikes laws can complicate criminal defense procedures for clients who are accused of their third criminal offense. Three strikes laws are based on the belief that some offenders simply cannot be reformed. Under the terms of these laws, offenders who are convicted of felonies for the third time are automatically sentenced to life in prison with no chance of parole for many years (usually, but not always, 25 years). Over 20 states including Maryland as well as the federal government currently have these laws on the books. However, the laws vary somewhat between legislatures.
Three strikes laws were designed to keep violent offenders off the streets. However, many a maryland criminal defense lawyer argue that these laws are unnecessarily harsh on many nonviolent offenders whose crimes are relatively minor.
Pros and Cons
Under Maryland law, individual charges are each counted as a strike, even if they occurred as part of the same case. Anyone who has previously been convicted for any form of theft may be charged with felony petty theft for crimes such as shoplifting. Additionally, any charges that were or could have been charged as felonies in any state, even when the offender was a juvenile, and even if the charges occurred well before the passage of the law, may be counted as strikes.
This law, generally considered one of the toughest in the nation, has resulted in some rather unusual sentences – 25 years to life for stealing cookies, golf clubs, or even pizza. It has also resulted in numerous life sentences for drug possession and other nonviolent crimes.
Advocates argue that crime statistics have dropped dramatically since the inception of three strikes laws. However, some criminal defense experts argue that the prisons are becoming overcrowded and the laws are not flexible enough to allow for individual circumstances.
The Bottom Line
Criminal defense is complicated when three strikes laws come into play. If you have been charged with your third felony, it is critical that you seek out a Maryland criminal defense lawyer who is an expert in three strikes laws. He or she will help you decide how best to plead your case.
