If I do not score over 40 points on the front score sheet will my record come into play? Any direction would be helpful!
3 attorney answers
I don't know what you will score but I do know this (or believe it anyhow from your proffer).... Whatever you score, and whatever may be "scorable", your past will definitely, absoluetly, 100% guaranteed be "used against you" in one way or another.
If your priors can be scored then they will be and if they cannot be scored then rest assured that a) the state attorney will "use" them when factoring a plea offer (or declining to make you a plea offer) and the Court will consider them when meting out a sentence.
The bottom line is that there is no escaping your past (well that and prosecutors and judge's tend to have little to no sympathy for folks who, objectively speaking, either cannot manage to abide by the law or can;t get out of their own way enough to avoid being in places or with folks who steer them toward trouble) and that you can count on it biting you in the butt one way or another.
This s especially true in your case with VOPs. As far as most judges and prosecutors are concerned that is just adding insult to injury as probation is a gift of sorts, albeit it is given by an Indian giver who can take it back at any time (the alternative being jail), and when you VOP you look that proverbial gift horse in the mouth.
It's smart to seek advise and legal assistance, even if you cannot afford it, but if I were you I would get offline and stop posting information which can, theoretically, be used against you in court.
I hope that I have been helpful in answering your question.
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Prior record ALWAYS plays a part in fashioning a sentence. Even if you do not score mandatory prison time (over 44 points), you can be sentenced up to the statutory max (for 3d degree felony - 5 years). Prosecutors look at priors and decide if someone "deserves" incarceration.
Sounds like repaying the checks up front would be very helpful.
You cannot adequately represent yourself on your own.
I would recommend hiring a qualified criminal defense attorney to do your scoresheet. You should also not be posting statements regarding your guilt as they can be used against you. Now is not the time to be cheap with regard to your defense of multiple felony charges. The repercussions of conviction/incarceration are much greater than the opportunity cost of hiring a qualified criminal defense attorney.
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