but how often are people really sentenced to at least a year for a misdemeanor? It's probably rare and if they are sentenced they probably get 6 months at the most right?
2007-11-24 07:11:59 · 6 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
It is very unlikely anyone would get a maximum sentence for any midemeanor. I have never seen it.
The judge has several factors to consider. The severity of the crime, the input of the victims, prior arrests, remorse of the defendant, the potential for rehabilitation, etc.
There is normally a Presentence Investigation performed on the person. They interview family, friends, former employers, and others. The results of this also effect the judges decison.
2007-11-24 07:18:03 · answer #1 · answered by trooper3316 7 · 1⤊ 0⤋
It really depends on the criminal records. In California we have recently made a 3 strike system. Mistimemors are a little crime that can turn into a big problum. Mistimesnors can also be let off with a ticket. Such as Marjauana is usually let off with a ticket. If a domestic situation and someone is charged with a mistimemor assult one of the subject will be given a ticket if they have a child. Otherwise both will go to jail. If you have a sentance less then 1 year that you go to a county jail. If you are going for more that a year you will go to a state prison (or county prison depending on the county and the severaty of the crime).
2007-11-24 07:45:18 · answer #2 · answered by Anonymous · 0⤊ 0⤋
maximum misdemeanors have a maximum detention center sentence of 364 days. it is in certainty because of the fact any sentence of a twelve months or over ends up in no longer being eligible for incarceration interior the county detention center. As for a fashion frequently does a individual get the utmost? it actual relies upon on your status. I even have seen many inmates sentenced for the utmost for even minor, first incident misdemeanors. although; Paris Hilton, Nicole Richie, Brook Shields and that Lindsy although merely get a kiss on the cheek and released.
2016-12-16 17:36:04 · answer #3 · answered by matheis 4 · 0⤊ 0⤋
WRONG. UNDER SENTENCING GUIDELINES FOR THE COURTS, THE COURTS ARE REQUIRED TO GO BY THE LAW. THE JUDGE USUALLY CAN LOWER THE TIME TO BE SERVED BASED UPON WHAT IS CALLED MITIGATING CIRCUMSTANCES SURROUNDING THE CASE.
ALSO SOME OF THESE MULTIPLE SENTENCES ARE BEING SERVED CONSECUTIVELY (ONE AFTER THE OTHER) RATHER THEN CONCURRENTLY (ALL TOGETHER) SO WE ARE SEEING INSTEAD OF STATE TIME, 3 CHARGES BEING SERVED ONE AFTER THE OTHER WITH 6 MONTHS EACH OR A 1 AND 1/2 YEAR STRETCH.
ALTHOUGH EACH CASE IS DIFFERENT, THE TIME SHOULD FIT THE CRIME.
IF YOU HAVE 3 MISDEMEANORS, YOU CAN BE SENTENCED AS A FELON AND GO TO PRISON. (HABITUAL OFFENDER LAWS)KNOW OF MANY DUIS WHO HAVE MULTIPLE CHARGES FOR DUI.(5-6) COUNSELING DID NOT WORK, PROBATION, SUSPENDED LIC ETC ALL FAILED AND YET KEPT DRIVING. MAN GOT 10 YEARS TATE TIME FOR BEING A HABITUAL OFFENDER AND WAS MADE AN EXAMPLE OF TO KEEP THE STREETS CLEAN FROM HIM KILLING SOMEONE ELSE. HE IS NOW ON HIS 6TH YEAR AND HAS NOT PAROLE DATE TILL 2013.
2007-11-24 07:57:32 · answer #4 · answered by ahsoasho2u2 7 · 0⤊ 0⤋
It depends on several factors, such as the severity of the misdemeanor, how often its been repeated, etc.
For example, being caught with marijuana may only get you a fine and community service, although it can carry a jail sentence.
But if you're caught several times over the course of a couple years for the same offense, then putting you in jail is likely.
Each case is different.
2007-11-24 07:16:29 · answer #5 · answered by kt_b_blue 3 · 0⤊ 0⤋
Probably a few months and probation unless you have a record.
2007-11-24 07:37:39 · answer #6 · answered by Anonymous · 0⤊ 0⤋