Can a previous arrest that did not result in a conviction, be usedfor sentencing for a subsequent offense?

If someone was arrested and the charges got thrown out, and 6 years later they get arrested again, can it be held against themif they are convicted of another offense for sentencing purposes?

Asked on September 8, 2010 under Criminal Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since there wasn't any conviction on the previous charges, those previous charges should not have any effect on a sentence on a new charge six years later.  In order for the previous charges to have had any effect, there would have had to have been a conviction on those previous charges.

Even if there had been a conviction on the previous charges, if there hadn't been any criminal convictions since, the judge's discretion would determine whether or not the previous conviction was too remote in time to have a bearing on the present charges in the event of a conviction on the present charges.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.