Is it discrimination to be charged more time in case based on criminal history? 9 Answers as of April 01, 2014

I caught a new case. I got a plea bargain based on history. I was not the same person I was before and it happened 4 years ago.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes they can give you more time based on your prior record. The facts that you did something before and are back again allows them to do that.
Answer Applies to: Michigan
Replied: 4/1/2014
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You are your history. You get more time IF you have a criminal history.
Answer Applies to: Georgia
Replied: 4/1/2014
The Rogers Law Firm
The Rogers Law Firm | Andrea Storey Rogers
No, it's not considered discrimination. That's how the court system normally works. If you have a criminal history, the prosecutor and judge will recommend a longer sentence and higher fine because they see you as a worse criminal (and that you obviously haven't learned your lesson) than someone else who is a first-time offender.
Answer Applies to: Missouri
Replied: 4/1/2014
The Law Offices of Colavecchio & Colavecchio, PLLC | Michael Colavecchio
Everyone convicted of a crime is subject to punishment pursuant to several factors. One of those factors, pursuant to state law, is previous criminal history. The 'range of punishment' for each individual differs. So, someone's 'past' can bite them in the butt, no matter how old the prior convictions are.
Answer Applies to: Tennessee
Replied: 4/1/2014
Law Office of James E. Smith
Law Office of James E. Smith | James Smith
No, no record correlates w/less punishment to encourage law abiding behavior.
Answer Applies to: Nevada
Replied: 4/1/2014
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    It is discrimination, but not illegal discrimination - you are a product of what you have done in the past.
    Answer Applies to: California
    Replied: 4/1/2014
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    No. This is not discrimination. If you were a new person, you would have stayed out of trouble. Your past history is entirely relevant and can be properly used to enhance your sentence.
    Answer Applies to: New York
    Replied: 4/1/2014
    Gates' Law, PLLC | Thomas E. Gates
    It is not discrimination,since everyone's record is taken into account to determine sentencing.
    Answer Applies to: Washington
    Replied: 4/1/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Prior criminal history effects plea negotiations. That's just the way it is. It is not unlawful discrimination. Besides, you are not entitled to a plea bargain anyway and in many cases prosecutors refuse to plea bargain even for people with no prior criminal history. If you are truly a changed person that is something you can bring to the judge's attention at sentencing.
    Answer Applies to: Michigan
    Replied: 4/1/2014
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