Legal Question in Criminal Law in Colorado
Can a judge consider a dismissed charge during sentencing?
Asked on 5/04/11, 3:57 pm
1 Answer from Attorneys
Adam Parkes
Parkes Law Group, LLC
A judge cannot include a dismissed charge in sentencing at law. This means the judge cannot include a dismissed charge as a prior, for example. Furthermore, It is highly frowned upon to use a dismissed charge as influential or suggestive of character, but again, judges are humans and not robots - so they may be influenced subconsciously by a dismissed charge.
Answered on 5/06/11, 1:43 pm
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