mzbamabrat@yaho
Junior Member
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?
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?you can only be sentenced upon being convicted of a crime. Not sure what you even mean can you be sentenced on your priors.
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.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?
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?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.
the DA brings the states case in prosecuting youIf 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?
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!!!!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".
*sigh*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.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!!!!
Careful there, Stealthy. You might make him mad and he might go smack his wife around again.Perhaps you should consider some counseling & anger management since you have a history of being aggressive towards people.
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'tCareful there, Stealthy. You might make him mad and he might go smack his wife around again.