Legal Question in Criminal Law in California

Re: general criminal law question

If the case is over, then it's over. The attorney you retained should have addressed this issue.

Re: general criminal law question

Generally speaking, the judge is free to rely on anything s/he wants to in deciding on a sentence. S/he is also free to ignore whatever s/he considers irrelevant. A good attorney may be able to convince the judge one way or the other.

The prosecution can consider whatever they want in determining which charges are brought and what punishment to seek.

Once the punishment is handed down, there are only very few select possibilities for appeal on the basis of the judge wrongly considering something. It would all depend on the facts of the case.

Re: general criminal law question

Your question is somewhat ambiguous since you have not provided the context in which this may or may not have taken place. However, District Attorneys do look at your history when considering a charge because repeat crimes in some instances are charged differently. In general District Attorneys and Judges will consider your history when charging a crime or deciding a case and depending on the facts, the crime and the level of the crime your history may be relevant or they may not consider your history relevant. A judge will look at some situations when considering the difference between a felony and a misdemeanor if the crime is considered a wobbler. A judge has discretion to considered your back ground or to not consider your back ground.

In general there are a number of factors that go into considering the way a crime is charge, and the way a crime is punished.

Your question appears to suggest you feel the District Attorney and/or the Judge did not consider your back ground when charging your case and/or deciding your case, respectively. The only way for you to find some kind of satisfactory answer is to show the case to an attorney and get their opinion. If you can still do something about it they will be able to explain your options. Good Luck.

Re: general criminal law question

I would be very surprised if the D.A. and the judge didn't take into account a defendants record when deciding an appropriate sentence. Perhaps you should ask the D.A. first before you go any further. Alot of factors go into a resolution. How strong the case is ? Are there willing witnesses ? Do the witnesses/alleged victim(s) have credibility problems? Not just someone's record. Thank you for your question..David Wallin at www.wallinlaw.com