How far back can a prosecutor go on your record to determine sentence on a current charge?

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How far back can a prosecutor go on your record to determine sentence on a current charge?

It’s been 20 years. Is this fair?

Asked on August 31, 2010 under Criminal Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, it certainly does not seem fair.  Is the 20 year old charge for the same offense?  Because the statutes that deal with the sentencing for repeat offenders of a DUI or DWI conviction are generally written with shorter time frames.  Are you getting any legal help in all of this?  You should really consult with an attorney as to what is going on and why.  Are you on any lifetime probation?  That may be the issue. A violation is a violation one day or 20 years later.  Speak with someone before it is too late to do anything about it or you have to jump through hoops to change the unjust outcome.  Good luck.  


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