How does a person score out to go to prison, serve their time, get into trouble again and not score out to go back to prison. My husband has been out for 5 months short of 3 years. Do the points lesson over time or what/how? I beleive that he falls under the re offender act? In the past he got charged with child neglect with great bodily harm (there was no GREAT bodily harm, just a little dehidrated) now he got pulled over and they found drugs and paraphanalia (they found a pill in the babies car seat) but was charged with having a controlled substance and paraphanalia & driving while license suspended & giving officer suspended license.
Can I have your honest OPINION on what the judge might do? And also does he score out to go back to prison?
2 Answers from Attorneys
Re: Point system
I will do my best. First as to the re-offender act, that act only comes into place, if after one gets out of prison and they are charged with specific felonies - some, but not all of those are burglary, robbery, kidnapping, sex charges, aggravated battery. Possession and DWLSR are not felonies that fall within the re-offender act.
As far as points go, they do somewhat "lessen" over time They are cut in half when they are factored in as prior history. The new charges are scored at full points, and any prior record usually at roughly half. So, it is possible to score prison on a more serious felony, come back with a less serious felony, and not score prison even though one has been to prison before.
Of course, the judge is not bound by the scoresheet. The judge can go above or below the scoresheet.
So, there is no easy answer to your question, and you will have to talk to his attorney directly.
Re: Point system
The points will not necessarily be increased with every new offense. Only part of the calculation pertains to criminal history. Usually, the bulk of the points arise from the current offense or offenses. That is why he may have scored state prison for past charges, but not for current charges.
As for what the Judge is going to do, it is impossible to tell based just on the facts you have presented here. It also depends on the prosecutor, the police officers involved, and to a large extent your husband.
I would be happy to discuss this matter with you in greater detail. Please feel free to contact me at your convenience.
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