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  #1  
Old 11-20-2006, 01:02 PM
shyshy24 shyshy24 is offline
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Default Judges allowed to use old cases against someone?

Are judges allowed to use old cases against someone that they were charged with more then 4 years ago and use that to put that in prison including there recent case. If not how do we go about explaining this to his attorney to help him out. I think he was charged with something besides his recent charge from something that happened 7 years ago. This was his first offense and he got 33 years.
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Old 11-21-2006, 12:05 PM
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Quote:
Originally Posted by shyshy24
Are judges allowed to use old cases against someone that they were charged with more then 4 years ago and use that to put that in prison including there recent case. If not how do we go about explaining this to his attorney to help him out. I think he was charged with something besides his recent charge from something that happened 7 years ago. This was his first offense and he got 33 years.
yes previous convictions can be used in making sentencing determinations
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Old 11-21-2006, 04:10 PM
mlouj mlouj is offline
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i've learned that felony charges appear to accumulate and determines time to be served.....judges must abide by the laws set forth, however i've met some very compassinate judges within the past two decades
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Old 11-23-2006, 08:57 AM
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Of course they can use prior convictions to set sentences, its why they keep the record. How else would we know if it's a first offense or an habitual reoccurence?
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Old 11-23-2006, 09:16 AM
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here in WI (and probably everywhere else!), we have a pre-sentence investigation (PSI). where a PO will conduct a series of interviews with family, friends, and sometimes even the victims of any crimes in your loved ones record. the PO will look at someone's entire record and determine what he would deem an appropriate punishment in a report to the judge.

there is also a little something called "read in" basically they drop it in so that you won't "sit time" on the charge, but the charge is read right along with the charges in which he stands convicted.

but generally it's up the to the DA to present any and all information to the judge in light of specifics of the crime, etc etc. remeber they are a lawyer for the state in which they represent and as such, will present any and all evidence that pertains to a case....unless they are in front of a jury, I believe that the circumstances are a little different in how they present a record to a jury.

altho I can be wrong about the exact circumstances in how they relate to you loved one's particular charge, these are examples of which I am aware a person's record are invistigated.
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Old 01-21-2007, 04:44 AM
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in okahoma they use the AFCF or after former felony conviction. This is only supposed to be used as a sentencing guideline for previous CONVICTIONS.AFCF will enhance the amount of time that is recieved during sentencing. However your rap sheet is what is used against you during a PSI. And I have heard of them using Pre-adult rap sheets that were very old against people. Happiness is OKLAHOMA IN MY REAR VEIW MIRROR......
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Old 01-21-2007, 12:38 PM
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My boyfriend had his juvenile record pulled up in his case.
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Old 01-21-2007, 12:53 PM
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Yes, they can and will. Doesn't matter how old or what it is for. They will use it.
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