JONATHAN BURGE

Attorney at Law

Striking Priors

 

Striking priors entails going back to a prior conviction and attacking it in a manner that it canít be used to enhance a current case.

For example, each time you are convicted for Abuse, the penalties become stiffer.  A first conviction carries a maximum one year in jail.  A second conviction carries up to one year in jail, with a mandatory 30 day term.  A third conviction within a year carries a maximum five year jail term. 

If you have a prior conviction within the last year you would normally face a mandatory jail term.  However, striking one or more of those priors from consideration would bring more favorable treatment towards you.

Striking priors is based on constitutional or procedural violations in your prior arrest.  If a judge did not properly inform you of your rights in the prior case it can be stricken from consideration in the current one.

Even though there are times when your prior arrests can not be used against you in the current one, unless you raise the issue, no one else will. 

 

 

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