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


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.

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