It may seem like that, but it's certainly not double punishment or double jeopardy. As a society, all states and the federal government treat people with criminal history more harshly. People want those with criminal history to obey the law and generally people with no criminal past get some break for having a clean record. Criminal priors are routinely used to enhance charges, enhance sentences and are always a factor in charging and plea bargaining decisions. In short, for good reason people with criminal histories are treated differently because they should have learned from their prior punishment. If they didn't, they're going to get hit harder this time to hope that inspires conformity with the law.
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Mr. Solis is spot on.
Attorney David Kephart is an experienced Criminal Defense Trial Attorney and Jury Consultant. He is the recipient of the Arizona Attorneys for Criminal Justice President's Award and the recipient of the International Academy of Trial Lawyers Commendation for Excellence in Trial Advocacy. His response to your question is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship, and does not create a right to continuing email exchanges.Ask a similar question
In short, no, it is not the same punishment. Here is how:
"8 years ago I committed a felony in Texas and did a year in prison for it. "
Your description indicated that you have become a convicted felon with such history available pre trial to the prosecutors.
"Recently i have been charged with a felony in Arizona along with another person. The plea they gave them was a year unsupervised probation but they want to give me a year in jail because of my history."
I do not know, what 'they" have on their criminal history, yet, if what you stated is accurate, your criminal history indicates an admissible felony conviction eight years ago.
" Isn't this just a simple way of giving me time for the same crime twice?"
No. Eight years ago you were charged and convicted in a separate trial in Texas for a separate legal offense.
At present, you have been charged in Arizona and face a new fair sentence in a new criminal state case.
"Otherwise there it's no reason not to give me the same deal as the other person who has the exact same charges."
You may pose that valid question to your attorney of record who handles your criminal case in Arizona. I bet you a dollar for a doughnut your offer has something to do with your prior criminal history.
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You are being punished again for a crime you committed 8 years ago. However, the law does not see it that way. As the others have said, the prosecutors have the discretion to offer a plea based on your criminal history, and the statues can punish you for prior convictions after trial.
Kelly Law Team