IfIwas recently arrested for disorderly conduct and have a prior felony, what shouldI expect?

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IfIwas recently arrested for disorderly conduct and have a prior felony, what shouldI expect?

Felony conviction over 10 years old; haven’t been in trouble since.

Asked on October 11, 2010 under Criminal Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Since a criminal matter is involved here, you should have legal representation for this. An skilled attorney might be able to get the charge dismissed on a technicality or possibly at least get it reduced (if possible). Unfortunately, since you have a prior criminal history you will probably not be qualified to receive "diversion" (or your state's equivalent).  This would afford you the opportunity for probation and keeping your record clear as to this latest matter.  However, diversion requirements vary from state-to-state.  Again, speak to a lawyer about this. 

Since your felony was over 10 years ago, that should be weighted in any sentencing determination by the court.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Since a criminal matter is involved here, you should have legal representation for this. An skilled attorney might be able to get the charge dismissed on a technicality or possibly at least get it reduced (if possible). Unfortunately, since you have a prior criminal history you will probably not be qualified to receive "diversion" (or your state's equivalent).  This would afford you the opportunity for probation and keeping your record clear as to this latest matter.  However, diversion requirements vary from state-to-state.  Again, speak to a lawyer about this. 

Since your felony was over 10 years ago, that should be weighted in any sentencing determination by the court.


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