QUESTION
Can felony convictions from 20 years ago be held against a defendant charged with a new felony?
Asked on Aug 23rd, 2016 on Criminal Law - Arizona
More details to this question:
I was charged with sale or conspiracy to transport and sale of meth. 1.5grams to an undercover officer. Six prior felony convictions from 1996 (4 of which are under same case #), 1 a probation revocation (probation revoked in 1996; originally stated in 1993) and 1 in 2003. None of which are drug related; completed sentences September 2008; in full. The charges and convictions are from the other state. I was charged in the same area in January 2014 for possession with intent to sell 7 grams of crack cocaine. Charges were dismissed by the court, without prejudice.
1 ANSWER
In Arizona state courts, prior offenses are considered 1 if committed on the same date. Although a single 20 year old prior cannot ordinarily enhance a prior, it can if you spent more than 10 years in prison and it was a class 2 or 3 felony. If you did not, and you only have one, it would not affect a new meth sale charge because the net effect of an old (non historical) prior is to make an offense probation ineligible, and meth sale already is not eligible for probation. Hope this helps.
Answered on Sep 19th, 2016 at 11:07 AM