Board 8 > Did you know that crimes that have increased sentences based on priors goes...

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off of the day that the guilty plea was reached and not the day the crime was committed?

For example, if you have a drug charge, and it can be used against you for multiple offenses and sentencing guidelines for 5 years... if they took say one and a half years to settle your case with a guilty that it goes 5 years from that date one and a half years after your crime and not the day you actually committed the crime?

Yet, if you get another while awaiting the case to finish up, that they still use that offense against you also for their priors as well. Example... if you got caught with possession on January 1st 2019 and got caught December 31st 2019, you would be charged with a 1st offense and a 2nd offense (not 2 first offenses) whenever your court finally is resolved, yet the clock for the first wouldn't even start for the prior until the conviction date.

Thoughts? I thought this was interesting.

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did you get another dui


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Aecioo posted...

did you get another dui

He had two so I assumed this was related to those.

You are innocent until you are convicted in court.

They can't hold it against you for the year and a half you're innocent while going through the court system, so how else would they do it?

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GildedFool posted...

You are innocent until you are convicted in court.

They can't hold it against you for the year and a half you're innocent while going through the court system, so how else would they do it?

Yes they do hold it against you actually. I told you that in the OP.

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Aecioo posted...

did you get another dui

Nah. I don't go anywhere near a vehicle when I do choose to drink which is very rarely.

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Corrik7 posted...

Yes they do hold it against you actually. I told you that in the OP.

Well it depends on what you're doing during the waiting period. If you're out free and able to live normally, why would that time count for sentencing purposes? If you're in jail whilst waiting or like house arrest or something then sure that should count towards time served

ShatteredElysium posted...

Well it depends on what you're doing during the waiting period. If you're out free and able to live normally, why would that time count for sentencing purposes? If you're in jail whilst waiting or like house arrest or something then sure that should count towards time served

Many crimes of those nature release on recognizance.

Also nobody is talking about sentencing time served. We are talking about multiple offender sentencing guidelines.

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Maybe this ain't clear. On some crimes there is a look back period and if a crime is within a certain amount of time, it can be considered a second offense with higher sentencing guidelines.

So let's say a look back period is 10 years. They can look back ten years from your arrest date to see if you have a prior. So let's say January 23rd 2021 was your arrest. You would think they could look back to just January 23rd 2011 for crimes you committed. But, no. Thats just the guilty date they can look for which could have been years after your crime depending on how your court case proceeded, for example the pandemic delayed many court cases immensely.

So it could be a crime from say March 2009 they use to upgrade your offense despite a ten year look back, even though it may not be until almost 2023 when this case settles also. It's interesting to say the least.

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While interesting and perhaps situationally unfair, the easy way around this seems to just be not committing multiple crimes.

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Xiahou Shake posted...

While interesting and perhaps situationally unfair, the easy way around this seems to just be not committing multiple crimes.

Well, duh. I just found it interesting because you wouldn't normally assume that.

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