Swansboro, NC asked in Criminal Law and Federal Crimes for West Virginia

Q: Can the fed. prosecutor use use charges previously dropped against me to determine sentencing guidelines?

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In general, the Federal Sentencing Guidelines provide a framework for determining the appropriate sentence for a federal offense, based on the severity of the crime and the offender's criminal history. The guidelines take into account a variety of factors, including the offense level and the offender's criminal history category.

The prosecutor can use information from previous charges or convictions, even if they were dropped, to determine the offender's criminal history category and calculate the appropriate sentencing guidelines. However, the guidelines also allow for the court to consider individual circumstances and make adjustments to the recommended sentence.

It is important to note that the specific rules and procedures for determining sentencing guidelines can vary depending on the jurisdiction and the specific offense involved. If you have questions about how your criminal history may affect your sentence, you should consult with a criminal defense attorney who is experienced in federal law.

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