Q: What can be done when a judge decides to make an example of a first time offender with no criminal history?
The defendant plead guilty to speeding to try and get away from a police officer pursuit, at speeds of 80mph with a moment of 110mph on a country road of 40-50mph speed limits. It ended with no one injured, but small damage to both cars. They have no criminal history. There were no drugs or alcohol involved or found in the vehicle. The prosecution asked for a bail of $10,000 and the judge insisted the person was "a huge risk to community safety" and "clearly a flight risk" and set it at $25,000 instead. He is facing 1-3 years minimum but could receive 5-10 years in the next few days. Recently, the same judge ruled that a 150 mph motorcycle driver evading police would receive 30 days in county jail. The judge is new, making a name for herself, and ran on a campaign promise of tough on crime.
A: A judge is able to sentence someone to a "standard range" of time in custody. This range depends on the type of charge and a person's criminal history. Each case is different and it is up to the defense lawyer to show why your case is different, or not, and not be made into an example. If the judge sentences a person outside a standard range then it could be possible to appeal the sentence. The fact this judge gave a sentence to someone else in a different case is not usually persuasive.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
