What Is A Romero Motion?
Romero motions, also known as Romero waivers, are a legal tool that can be used by criminal defense attorneys in California to help their clients avoid harsh sentences. These motions are named after a case in which the California Supreme Court held that trial courts have the discretion to dismiss prior felony convictions in certain circumstances.
Grounds for Romero Motions
Romero motions are typically filed in cases where a defendant has prior felony convictions that would result in a significant sentence enhancement. By arguing that a defendant’s prior convictions are not relevant to the current case or that the defendant has been rehabilitated, a Romero motion can persuade the court to dismiss or reduce the sentence enhancement.
Process for Romero Motions
The process for filing a Romero motion involves drafting a written motion and submitting it to the court. The motion must outline the specific grounds for the dismissal or reduction of the sentence enhancement and provide legal and factual support for the arguments being made.
The prosecution will have the opportunity to respond to the motion, and a hearing may be held to determine whether the motion has merit. If the court grants the motion, the defendant’s prior convictions may be dismissed or the sentence enhancement may be reduced.
Benefits of Romero Motions
Romero motions can have significant benefits for criminal defendants. By persuading the court to dismiss or reduce sentence enhancements, defendants can avoid lengthy prison sentences and potentially even avoid prison altogether. This can have a significant impact on the defendant’s life, including their ability to maintain employment, support their family, and avoid the negative consequences of a felony conviction.
Conclusion
If you are facing criminal charges in California and have prior felony convictions that could result in a harsh sentence enhancement, a Romero motion may be a valuable tool for your criminal defense attorney to use in your case. Our experienced criminal defense attorneys have a wealth of knowledge and experience in this area and can provide you with the guidance and representation you need to protect your rights and achieve the best possible outcome in your case. Contact us today to learn more about how we can assist you.
Consult us
Don’t hesitate to contact us for a consultation at (818) 650-1744 or by email at info@gracelegalgroup.com. We will work tirelessly to protect your rights and achieve the best possible outcome in your case.