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If someone is charged with resisting with violence in Florida what "weight" do prior arrests carry?

Los Angeles, CA |

- the person charged has prior arrests in different states
- the person charged had been arrested prior under different name(s) - due to marriage and misspelling.
- all the cases were dismissed but not expunged
- one prior arrest was for disobeying a police officer (nearly a decade ago)
Is there a possibility that Florida state attorney will overlook these prior arrests because the names and locations are not the same (although it is the same person)? Do these arrests even matter if all the cases have been dismissed?

The new violation is in Florida.

Attorney Answers 5


  1. Is the new law violation in CA or FL? Yes if the prosecuting attorney looks at the RAP sheet the offer for the new case will take the priors into account. What he needs is an attorney.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.


  2. A defendants prior criminal record ALWAYS has something to do with the pending case. The prosecutor reviews the priors and exercises his/her discretion in evaluating the case and making a recommendation to settle it with defense counsel. A first offender is viewed differently than a repeat offender. Get a criminal defense attorney to help you.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


  3. I practice in Florida and I can tell you that the prosecutor will usually see your prior arrests bc they are indexed not only by names but also by social security number, fingerprints etc. The Arrests may influence how the prosecutor views you but it is good that the charges were dropped.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.


  4. I was a prosecutor in Florida for almost 5 years. Ideally, prosecutors are supposed to look at the facts of the case first, then decide what sort of plea offer they make taking into account any priors. Sometimes, prosecutors will go forward on iffy cases because the person has a bad record. Some aggressive prosecutors might try to introduce what is known as 'Williams Rule Evidence' or evidence of prior bad acts to show motive or intent. Finally, the police always push the prosecutors to get maximum time in these cases because they take it very personally. Every case I have tried as a defense attorney has come back as a not guilty or lesser included misdemeanor offense.

    Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.


  5. You've received an answer from a Florida attorney - if you still have questions, I suggest reporting in the Florida section so it will be seen by Florida attorneys.

    The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

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