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?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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.

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.