This is the first time I am in trouble in Florida. Will the prosecutor treat this charge like it is my first offense?

Of course, prosecutors are going to pay attention to the previous criminal history of the defendant while working on a case. So, yes, if it is the first offense they will acknowledge this, but depending on the severity of the situation it may not matter at anyway. For example, if the first offense is homicide, then the case will be taken very seriously and the lawyer’s sentence structure is not going to matter much. On the other hand, if it is in regards to a DUI or minor drug offense, the previous sentence structure is going to carry more weight for the judge.

Prosecutors Consider Severity of the Case

For the most severe offenses, like homicide, the biggest concern when determining a sentence is on the essence of the crime more than the criminal’s previous record. For less serious offences, a spotless record may be a strong point at the negotiations. But, if it is the same offense that has been committed before there is the possibility that harsher sentences will be applied. The primary reason being that clearly the existing punishments were not successfully deterrent.

Repeat Offenses

It’s also important to point out that sometimes even the present charges may not be relevant to past offenses on one’s record. But, having a string of past offenses in general speaks to a disregard of the law. As a result, this may adversely affect the prosecutors’ decisions to enter into a plea bargain or reduce the charges. Each case has different characteristics and although criminal history is an important factor, other aspects including the situations when crime was carried out, evidence produced, and victim impact are equally considered.

Get a Lawyer to Help With Your Case

If you are accused of any crime, learning how these agents can alter your case is vital. Getting a defense lawyer involved as soon as possible is important. They can help navigate the complexity of the legal system, protect your interests, and eventually limit the relevancy of your past on proceedings of the current crime. Remember, an ideal defense strategy incorporates all the elements of your background and the particular facts of the case to advocate your conviction in the best possible way.

Dale Carson Law is dedicated to protecting the rights of individuals.


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