hello i am a juvenile that just got out of a program on direct discharge and now i might of caught another charge but it is a misdemeanor charge but i have closed charges that are felonies can they use my old charges in court and charge me as an adult by the way im 16 years old and i live in melbourne fl
I would like to try and answer your question but it is confusing. I doubt they would file a misdemeanor as an adult charge. I also do not see how State would use your old Felony charges to charge your misdemeanor as an adult charge.
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They will use your past against you one way or the other.
The whole point of the CPC (criminal punishment Code) is to come down hard enough on first time offenders so as to dissuade them from repeat offending, and then to come down even harsher on repeat offenders when the come back into the system.
Even if the State cannot legally "score" the old case they can still "use" it against you, as can the Court, when it comes time to make a plea offer (which is a 100% discretionary matter with the State and the Court - you neither have a right to a plea offer, nor do you have a right to a "low" plea offer), or when it comes to the issue of sentencing.
There is no escaping your past and if you repeat and reenter the criminal justice system then you can expect it smack you in the head, one way or the other.
On the other hand, that is one of the things that skilled and experienced criminal defense lawyers routinely manage on behalf of their clients, so get yourself competent counsel, be open and honest in your discussions with her/him and cooperate as best you can in the preparation of a meaningful and effective defense in your case.
I hope that I have been helpful in answering your question.
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Having your charges upgraded to "Big Boy" court usually happens with Felonies. A misdemeanor, depending on the specific charge, is most often taken care of in Juvenile court. You best bet it to consult directly with a lawyer.
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