QUESTION

Will my two prior DUI's affect my 3rd degree retail fraud charges?

Asked on Sep 23rd, 2013 on Criminal Law - Michigan
More details to this question:
I just received a 3rd degree retail fraud ticket in Michigan. The police officer let me go home and wait for my court date in the mail. I have 2 prior DUI's, one in 2006 and one in 2008. I am wondering if this will hinder what my outcome is?
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4 ANSWERS

Municipal Law Attorney serving Paw Paw, MI at Mark A. Manning, P.C.
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It is possible depending upon the scoring of the presentence report.
Answered on Sep 25th, 2013 at 5:34 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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It could affect the quality of the plea deal the prosecutor offers you, however, it is not likely.
Answered on Sep 23rd, 2013 at 3:41 PM

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Certainly any prior contact with the criminal justice system can impact your pre-sentence report and the sentencing judge's final sentence. Your attorney will argue (if necessary) that those were an entirely different type of behavior but that doesn't reduce the criminal nature of your RF3 case. You are engaging in dangerous behavior in each instance and a tough judge could want to make an impression on you, depends mostly on court and judge you are dealing with.
Answered on Sep 23rd, 2013 at 2:48 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Your priors may affect sentencing, but I would argue they as not crimes of dishonesty and therefore not relevant to the current charge at trial.
Answered on Sep 23rd, 2013 at 1:31 PM

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