My husband has been in and out of jail for tbe past 7 years. The last time he was in there for 2 years and got out in march of this year and is back in there again. He is there for burglary of bulding, criminal tresspass, theft and evading arrest with prior convictions. He has been in the past for different charges. Even if these are different charges tgan the ones he has had before, can the judge consider his criminal history? He has also been really lucky in the past with immigration. They always give him a day or two and has come back 4 times already in a period of 8 years.
A court will consider history both in setting a bond amount and in assessing punishment.
A judge always considers criminal history when you go to court. It is a factor used in determining bond as well as the severity of punishment assessed.
Does a judge consider your criminal history when you go to jail? Is the Pope a Catholic? Does a bear sh*t in the woods? Of course the judge considers your criminal history. Why wouldn't he?
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
A judge will consider criminal history when issuing bond and when assessing punishment. More importantly, at least at the pretrial phase, the DA will consider history when deciding how to resolve the case if they believe that your husband is guilty.
A judge may consider criminal history in setting a bond or determining punishment. A criminal prosecutor may consider criminal history in offering a plea deal. A probation officer may consider criminal history in making recommendations for probation. Just as important, however, is the consideration that your husband's prior felony convictions can increase his statutory minimum range of punishment. In Texas, two prior state jail felonies (i.e. Burglary of a Building & Evading with a Prior Evading) may increase the next state jail felony charge to a 3rd degree felony. This would increase your husbands minimum punishment from 6 months in state jail to 2 years in the state penitentiary. If your husband's charges are enhanced, then the judge has no choice, but to consider them as they have increased the minimum punishment the judge is allowed to consider. At this point in the prosecution, only the prosecutor can waive such enhancements. That is why it is very important to find an attorney with significant experience as a former criminal prosecutor or years working with prosecutors as a defense attorney. These relationships are important to understanding how cases are enhanced and to what extent enhancements should be waived.
The short answer is yes, the Judge will consider your criminal history when you go to court, even if the charges are different from his current charges.
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