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AttyCBradford, Lawyer
Category: Legal
Satisfied Customers: 643
Experience:  Attorney At Law
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My son has been a registered sex offender since 1999 (he was

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My son has been a registered sex offender since 1999 (he was 19) this year they stopped him for j/walking & he had pepper spray (that I had bought his wife) on him, they took him to jail, charged him with a felony of possesion of tear gas & now has a strike for that. Then (he was on drugs) he attempted to steal a motorcyle, never left the parking lot & was stopped by employees after four of them beat him up. He has a blood clot from a car wreck two & 1/2 years ago coming home from work, it is in his head. They now have two strikes on him & has him on syc meds, he has hep c & 50/60% of lung capacity. 1. does the two strikes sound resonable & shouldnt he be in a medical facility & not with 180 inmates where fighting is going on daily??

AttyCBradford :

It sounds like the first strike with regard to the felon in possession of tear gas is harsh if he was only carrying "pepper spray" If he was in possession of tear gas or mace that is not allowed by the average citizen then it sounds more probable. The fact that he needs medical attention just means that he should be getting medical treatment while in prison, not that he should be in a medical facility. The state hospital (Patton) is actually probably not where you want your son at all, in my professional and personal opinion.

AttyCBradford :

If the prison is not treating his medical needs then that is an issue that you should bring up to the warden and demand that he is given proper medical attention

AttyCBradford :

While an average citizen can be in possession of tear gas, a felon may not be (California Penal Code 22810a).

AttyCBradford :

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no it does not answer my question

AttyCBradford :

Can you specify the specific information that you would like to know

Customer: replied 4 years ago.

What does the word harsh mean exactly?? Did he get a second strike because he got the first one added on? That makes no sense to me.

When I said harsh I meant that the sentence seems to be strong for the crime that was handed. It does not seem that it fits the crime, but again i do not have all the facts of the situation. Simply carrying pepper spray should not warrant a strike
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Customer: replied 4 years ago.

Ok thank you

you are welcome let me know if you have any questions otherwise please accept