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.
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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.
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