Legal Question in Criminal Law in Montana
Deferred sentences
If a person had a deferred sentence and got the charges dismissed at the end of deferred period, is the person considered a convicted felon in the eyes of the state or federal goverment???
Asked on 12/16/06, 9:46 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Deferred sentences
That's one of those "it depends" questions. If you are convicted of a federal crime, that prior conviction will count in the Sentencing Guidelines and will exert an upward push on the incarceration time received if within 10 years of the prior conviction. Yes, it is complicated, but the simple answer is sometimes.
Answered on 12/17/06, 8:15 am
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