Legal Question in Criminal Law in New Hampshire

Previous offenses

Can previous offenses be held against you if you have already been punished for that crime. Someone I know was arrested for possesion of cocaine with the intent to use himself. there was a prior arrest six years ago which he was punished for. Since then there has been no problems. He was pulled over for speeding and the cop searched his car and found very little. So now they want to plea for 2 1/2 years in state prison. This is a decent person and he didn't rob or murder anyone. He has gotten help and has been on medication for almost a year now and this was the first screw up he's had in 6 years. Is there anything one can do ? Pleasse advise and thanks for your help


Asked on 1/20/06, 12:36 pm

1 Answer from Attorneys
Robert Kidd Law Offices of Robert P. Kidd

Re: Previous offenses

In Mass. and in most states prior convictions stay on the record forever. When a person pleads guilty to an offense the sentencing judge will review the record to determine what sentence to give the defendant. The judge is actually obligated to do this. The judge may consider the number of convictions, the types of crimes involved, the age of the convictions, as well as a host of other factors, including the age and background of the defendant, the role the defendant played in the crime for which he is pleading, any efforts at rehabilitation, etc.

In your friend's case, the fact that some prosecutor may be reccommending a sentence of 2 1/2 years does not mean the judge will impose that sentence. An attorney's job at sentencing is to highlight all of the positive factors for the defendant to obtain the most leniency he can under the circumstances.

Good luck.

Robert Kidd

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Answered on 1/20/06, 1:12 pm


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