If someone who had a felony arson conviction 10 years ago has done thier time and is now in county jail for 3 weeks now on a charge of unauthorized use of a credit card will the judge take into consideration time spent,and that she has 2 small children at home and a husband on disability? What could she face?
2006-07-23 05:30:53 · 11 answers · asked by dennis372006 2 in Politics & Government ➔ Law & Ethics
By the way she spent 2 1/2 years on the arson charge.
2006-07-23 05:31:59 · update #1
I meant time served now on this crime. 3 weeks in county. I am not an idiot just now keen on the law. Give me real answers please not sarcasm.
2006-07-23 05:36:02 · update #2
So noone believes that people make stupid mistakes and should fry or rot in jail.
2006-07-23 05:39:05 · update #3
Oh by the way you need to learn to read. I am the husband and my wife is still in county jail 3 WEEKS
2006-07-23 05:46:02 · update #4
The previous arson conviction is irrelevant to the present charge, at least as it relates to guilt or innocence. You did not indicate what stag the proceedings are against your wife..i.e. has she already been convicted of unauthorized use? Or is she awaiting trial.
IF she is awaiting trial, then the factors that a judge takes into consideration on the question of bail include whether or not she is a risk of flight, her previous record of showing up for cour appearances (if available) and the seriousness of the offense with which she is charged. If she is awaiting trial and is still in jail, this indicates to me that she is probably unable to raise the amount of bail required. Her attorney, if he/she thinks it advisable, can ask for a bail review hearing.
IF she has been convicted, then the factors which go into sentencing are more complex. It depends greatly on which state is involved. In many states, the sentences are given a range, and then where the sentence falls in that range depends on a number of factors, including prior criminal record. An arson charge from 10 years ago would be taken into account, but not to her benefit. It would tend to increase the chance that she would be sentenced to prison, not probation.
Time served prior to actually going to prison is somethign that a court *MAY* but is not required to count in most states. Its a discretionary call by the judge. Again, her behaviour in jail affects this as well.
Talk to the attorney who is representing her. If the attorney won't talk to you, then either hire a private attorney (if she is represented by a public defender) or speak with that attorney's superior. If you don't know an attorney, contact your local or state bar association for a referral.
2006-07-23 08:54:21 · answer #1 · answered by Phil R 5 · 5⤊ 0⤋
The question is did the one crime occur with the other...? If it happened after the other charge then there will not be much considered of the arson charge. If the credit card charge is a separate offense then the arson charge can/will be used to enhance the the credit card charge. Also in regards to the other part about the family...most judges will take that into consideration but it should be noted that they are acting on behalf of other families that make up the general public and have to protect them from the criminals in the world.
Get a lawyer.
2006-07-23 12:38:54 · answer #2 · answered by Walter J 3 · 0⤊ 0⤋
An arson conviction and now using a credit card that does not belong to you? I'd call it strike two and put your a$$ in jail for a year. First you should know better than to use a CC that does not belong to you. Second you should be extremely careful considering your past. Obviously you have not considered either.
Do you hear that? That is the world's tiniest violin playing the saddest saddest song ever. You should have thought about the husband and kids BEFORE you took the card.
2006-07-23 12:43:39 · answer #3 · answered by hack_ace 4 · 0⤊ 0⤋
Oh yeah they will probably just let you go no matter how strong their case is, because after all you did a stint on an arson charge, so stealing from a credit company is nothing they probably feel lucky that you didn't burn the credit card company building.
Oh I know people make mistakes but you have to learn from them, if you can't do the time don't do the crime!
2006-07-23 12:36:12 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes the judge will consider time spent and good behavior, the arson charge will count against you though, because it shows that you repeatedly show disregard for the law. The judge will probably think about the children and might have them taken away if you are the only provider depends how long your sentence is and how disabled your husband is.
2006-07-23 12:37:00 · answer #5 · answered by Karen 3 · 0⤊ 0⤋
That wont be time spent... that was a different charge. If anything, having a previous record wont help you AT ALL here. Depends on how much you used on the card. Thousands? Hundreds?? Couple of bucks? Could you elaborate?
2006-07-23 12:35:21 · answer #6 · answered by cutecarebear228 2 · 0⤊ 0⤋
It really depends on the judge. I think they tend to be a bit lenient if the offender has basically been "good" for a long time. It may be just a fine and community service, but there's no way to tell until the hearing.
2006-07-23 12:37:21 · answer #7 · answered by Anonymous · 0⤊ 0⤋
One crime has nothing to do with the other, so no, why would the judge give you credit for time served for an unrelated crime? Even a layman knows this.
2006-07-23 12:34:02 · answer #8 · answered by WC 7 · 0⤊ 0⤋
no one especially a judge cares what or who is waiting on you at home when you are in jail because you should have thought about that before you committed a crime !!
2006-07-23 12:33:32 · answer #9 · answered by CRYSTAL S 6 · 0⤊ 0⤋
most of the time the judges have guidelines they follow in sentencing..they can either follow the guidelines, or they can deviate off the guidelines in extraordinary circumstances...regrettably yours doesn't not sound extra ordinary..so he will just follow the guidelines
2006-07-23 12:35:48 · answer #10 · answered by survivor 1 · 0⤊ 0⤋