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my brother got a summons yesterday to appear in court for an arraignment on misdemeanor battery charges. He did not commit this crime, however, he faced similar charges twice before in 2002 and 1998. He was not arrested the night of the alleged incident, mainly because our mother had just passed away, I was with him. what worries me is this...could he be facing jail time due to his prior charges over ten years ago? or does that matter?
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If convicted (whether by trial or by entry of a guilty or no contest plea) your brother could face jail time regardless of any prior criminal record. However, his prior record could impact how much, if any, jail time the prosecutor is seeking. The circumstances, the alleged victim's background, and/or strength of the state's case could also have a signicant impact on the outcome of the case if it proceeds to trial -- or on any plea bargain if the case does not go to trial.
Answered on Apr 07th, 2014 at 9:22 AM