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.
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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.
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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.
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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.
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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.
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