QUESTION

why do judges go off your priors

Asked on Dec 14th, 2012 on Drug Crimes - Michigan
More details to this question:
I recently bonded my boyfriend out and when he went back to court the judge increased his bond without probable cause.He is going off his priors to convict him.. They have no evidence to prove he is guilty of a crime.
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1 ANSWER

Criminal Defense Attorney serving Williamston, MI at Law Office of Robert G. Fleming
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This is a difficult subject. but the prior convictions are the probable cause to increase his bond. The two primary purposes the judge is to consider when setting bond is the Protection of Society and the likelihood the Defendant will appear for his court dates. First, it is important to realize the judge is not using the prior record to determine guilt or innocence, but merely to determine the appropriate bond. A prior record may be indicative of both. If the Defendant has a lengthy prior record and if the last conviction is relatively close in time to the current offense, the judge may presume the Defendant is a danger to society because he has demonstrated an inability to conform to the law, and thus is likely to commit another crime if released on bond. In addition, if the Defendant failed to appear at any of his scheduled court dates in his prior cases or failed to report to his parole/probation officer, the judge may conclude it is likely that he will not keep his court dates in this matter or report to probation as ordered as a term of bond. If the Defendant is charged as a Habitual Criminal, or because of his prior record it is fairly certain the sentencing guidelines place him in a  prison cell, the judge may conclude that it is more likely the defendant will flee rather than face prison.   Just because a person has a prior record, it does not mean he he is guilty, will committ another crime on bond or will flee. But they are possibilities a judge must consider when setting bond.
Answered on Dec 18th, 2012 at 11:35 AM

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