Legal Question in Criminal Law in Arizona
can they use priors against me
if a person convicted of a felony in 1996 after 10yrs and 6 mounths later, can the courts alleged that prior in a new case now? The offense was a class 4 felony robbery non dangerous. The new case is class 3 burglary using a master key without permisson, and possesion of stolen property, and theft means of transportation. he has not gotten into any trouble since 1996.
1 Answer from Attorneys
Re: can they use priors against me
Class 4 priors are generally valid for 5 years. Time spent in custody is excluded from the five year period. Also, one's third and subsequent priors are 'forever allegable.' That is, they are valid forever for enhancement. If you are seeking to hire private counsel, please call me at (six zero two- two two two - nine two three seven).
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