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My friend has 2 prior felonies, both over 12 years old. He currently is facing another felony.
Upland, CA
Viewed 27 times.
Posted 8 months ago in Criminal Defense
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Is there a statue of limitations for his previous felonies that would not allow them not to bring them up in his current case?
Answers (3)Howard Woodley Bailey
This attorney is licensed in New Jersey.
Posted 8 months ago.
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WhileI do not practice in CA, in NJ the answer to your question would be - it depends. It depends on the purpose of why the prior conviction was being brought up. Unfortunately, the purposes are quite numerous and beyond the ability of this type of site to adequately address. For illustration purposes however, if the prior conviction was being used to impeach the client during his testimony, the priors would probably not be allowed to be used as evidence (there are several issues that could effect this determination). If the prior was being used to enhance a sentence based upon the totality of the prior record, it would be allowed. This is an issue that needs to be discussed in detail with an experienced criminal defense lawyer admitted to practice in CA, who after a complete review of the current and past charges/convictions can give you an accurate assesment of the liklihood the priors would be admissible, and for what purpose.
DISCLAIMER This answer does not, nor is it intended to, create an attorney-client relationship; or, constitute either legal advice or attorney advertising. Rather, given the nature of this forum, it is offered solely for information purposes, as a starting point for you to use when speaking directly to a lawyer in your State. Do not assume that the legal conclusions I mention that pertain to NJ are applicable in your State. Since the facts of each case are different, it is critical for you to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions. Contact an experienced criminal defense lawyer admitted to practice in your State before making any decisions about your case.
Joseph Briscoe Dane
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