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Old 07-16-2017, 10:12 PM
K6770 K6770 is offline
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Default Understanding sentencing impacts of separate felony cases

I have a person I have to deal with that is facing two separate trials this fall. Both cases involve violent felonies, but the offenses occurred roughly a year apart and there are different victims. First case involves an aggravated assault, drug possession, and 1st degree felony child neglect.

The individual was out on bond when the second set of felony offenses occurred. The second set includes aggravated assaults, an armed robbery, drug possession and felony gun changes. The person has no prior convictions going into his first trial.

Do any of the sentencing enhancements for prior violent felony convictions kick in if a person does not have a conviction when the second set of felony acts occur? I'm assuming this individual will face more time in the second trial, but that it will just be a function of how pissed off the judge and DA are at the individual for the felonies occurring while he was on bond.
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Old 07-17-2017, 06:42 AM
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Sentencing enhancements shouldn't kick in if there are no actual prior convictions on record, but be advised that just by being arrested and being charged with such serious violations while out on bail will significantly increase the likelihood of him being hit with maximum sentences on those original charges should he be convicted during his first trial, and those sentences could very well be run consecutive, or back-to-back, meaning he could be doing some serious time if he dares take both cases to trial versus just pleading out and hoping for a concurrent sentence on all charges.
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Old 07-17-2017, 07:59 AM
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Thanks for confirming that the previous conviction has to occur before committing the second offense that carries the possible enhancement.

I don't know if a plea has ever been on the table for either case. The PD has done his best to run out the clock in hopes that the victim's testimony in the 2nd case will change enough that she will be considered an unreliable witness, but there is still physical evidence. There is a lot of hope on the part of some that most of the charges in the second case will go away and that the other charges will be served concurrently such that this guy is only looking at 5 years incarceration. He has been in county for just short of 2 years, and the crazy talk in the family is that he might walk out on parole in the fall. Thankfully I don't have to directly deal with those people, but I and those I love have to deal with reality distortion field they have generated. Even in back of my mind I'm thinking crazier things have happened.
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Old 07-18-2017, 02:21 AM
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Quote:
Originally Posted by K6770 View Post
Thanks for confirming that the previous conviction has to occur before committing the second offense that carries the possible enhancement.

I don't know if a plea has ever been on the table for either case. The PD has done his best to run out the clock in hopes that the victim's testimony in the 2nd case will change enough that she will be considered an unreliable witness, but there is still physical evidence. There is a lot of hope on the part of some that most of the charges in the second case will go away and that the other charges will be served concurrently such that this guy is only looking at 5 years incarceration. He has been in county for just short of 2 years, and the crazy talk in the family is that he might walk out on parole in the fall. Thankfully I don't have to directly deal with those people, but I and those I love have to deal with reality distortion field they have generated. Even in back of my mind I'm thinking crazier things have happened.
It's a little strange that anyone is hoping for parole in the Fall, when he hasn't yet been convicted of anything or received a sentence yet. The process is arrest, conviction (or plead guilty), sentencing, incarceration, then release on parole or probation. It sounds like he hasn't yet gotten to step two.
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Old 07-18-2017, 05:41 AM
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Default Understanding sentencing impacts of separate felony cases

It's all a bit delusional, but in theory if the major charges are dropped or if he is found innocent of them at trial then all that will be left will be charges carrying 2-5 year terms. If theses all run concurrently, then he would be eligible for parole pretty much as soon as he is sent off to prison for diagnostics. There are people who parole out right after diagnostics, but again the facts of theses two cases does not match this scenario . First because a child is one of the victims and second because I don't think the system is going to take a chance on this guy not hurting someone again if he gets out.

Last edited by K6770; 07-18-2017 at 05:47 AM..
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