Is it legal for a judge to sentence you because of your prior charges?

[mzbamabrat@yaho]

If my domestic violence case was picked up by the state, and the DA couldn't find me guilty, can the judge sentence me on my prior charges?

 

[justalayman]

you can only be sentenced upon being convicted of a crime. Not sure what you even mean can you be sentenced on your priors.

 

[mzbamabrat@yaho]

you can only be sentenced upon being convicted of a crime. Not sure what you even mean can you be sentenced on your priors.

I have been arrested in the past with domestic violence but only been convicted once, which was over 10 years ago. while I was in court with the case the judge brought up my prior DV charges. when the DA said that he couldn't find me guilty she sentenced me. how can she sentence me when the DA of the state couldn't find me guilty? is that legal?

 

[Ladyback1]

I have been arrested in the past with domestic violence but only been convicted once, which was over 10 years ago. while I was in court with the case the judge brought up my prior DV charges. when the DA said that he couldn't find me guilty she sentenced me. how can she sentence me when the DA of the state couldn't find me guilty? is that legal?

ummmmm....the DA isn't the one who finds you guilty or sentences you. A judge or a jury assesses the evidence and determines innocence or guilt.

So, you have DV conviction #1, and was in court for a new charge?

And, yeah prior bad acts can be considered in sentencing.

 

[mzbamabrat@yaho]

ummmmm....the DA isn't the one who finds you guilty or sentences you. A judge or a jury assesses the evidence and determines innocence or guilt.

So, you have DV conviction #1, and was in court for a new charge?

And, yeah prior bad acts can be considered in sentencing.

If its up to the judge or jury then why is it up to the state to carryout or drop the charges? What is the DA for?

 

[justalayman]

If its up to the judge or jury then why is it up to the state to carryout or drop the charges? What is the DA for?

the DA brings the states case in prosecuting you

and courts do not "drop the charges". They may dismiss the charges for a variety of reasons but generally a prosecutor is the guy that "drops the charges".

 

[mzbamabrat@yaho]

the DA brings the states case in prosecuting you

and courts do not "drop the charges". They may dismiss the charges for a variety of reasons but generally a prosecutor is the guy that "drops the charges".

my wife told them that she had made a false report. she didn't even sign a warrant the officer did, the DA said he didn't have enough evidence to convict me. I just don't see how she could sentence me on a DV charge that happened over 10 years ago. but this county does what they want.. legal or not!!!!

 

[Ladyback1]

my wife told them that she had made a false report. she didn't even sign a warrant the officer did, the DA said he didn't have enough evidence to convict me. I just don't see how she could sentence me on a DV charge that happened over 10 years ago. but this county does what they want.. legal or not!!!!

*sigh*
The suspected victim does NOT have to sign a warrant or anything for it to be valid.

I'm doubting that the DA actually said in open court that he didn't have enough evidence to convict. The judge looked at what evidence that was presented, found you guilty and sentenced you.

 

[Eekamouse]

Well, if your wife told them she made a false report and they believed her, she'd likely be facing charges herself.

 

[Proserpina]

There's a difference between prior bad acts being considered as part of a later sentencing hearing for a new offense....and actually being sentenced for crimes for which you've not been found guilty.

You're experiencing the first. Not the second.

 

[justalayman]

my wife told them that she had made a false report. she didn't even sign a warrant the officer did, the DA said he didn't have enough evidence to convict me. I just don't see how she could sentence me on a DV charge that happened over 10 years ago. but this county does what they want.. legal or not!!!!

cops don't sign warrants, well, maybe as the person who executed the warrant but they are not the guy that signs it upon creating it. That would be the judge.

and if the DA didn't have enough evidence to convict you, he would never have filed charges and initiated the process.

and filing false report is a crime. Since you never have provided your state, I cannot look up the penalties for such a crime in your state.

 

[stealth2]

Perhaps you should consider some counseling & anger management since you have a history of being aggressive towards people.

 

[single317dad]

Did you hire an attorney?

If so, what did he or she say about this?

If not, why not?

If you couldn't afford an attorney, did you ask for court-appointed counsel?

 

[Eekamouse]

Perhaps you should consider some counseling & anger management since you have a history of being aggressive towards people.

Careful there, Stealthy. You might make him mad and he might go smack his wife around again.

 

[RRevak]

Careful there, Stealthy. You might make him mad and he might go smack his wife around again.

Which in this case is particularly bad seeing as she can't (or won't) even protect herself when she calls law enforcement. OP I have a feeling you deserved your conviction and/or sentencing even if your wife wants to pretend you don't