Legal Question in Criminal Law in California
Why are they using it against me ?
Being charged with HS OFFENSE W/PRIOR CONVICTION OF HS 11378/11379, but my prior was closed and sealed not guilty (exsponged). So why are they using it against me as a prior?
Asked on 10/31/06, 11:41 pm
2 Answers from Attorneys
Terry A. Nelson
Nelson & Lawless
Re: Why are they using it against me ?
Because that's the law. You were given a '2'nd chance' in society by having your record expunged, but only as long as you didn't commit another crime.
Answered on 11/01/06, 12:57 pm
Daniel J. Mangan III
JuryTrialJustice
Re: Why are they using it against me ?
Unfortunately, the mere fact the prior was expungend does not foreclose future use as an enhancement...it should be of value to your counsel when it comes to case discussions with the DA/Court...please dicuss this with your counsel ASAP/
DJM
Answered on 11/01/06, 12:57 pm
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