Q: If I do not score over 40 points on the front score sheet will my record come into play? Any direction would be helpful! I know I will not score 40 points because my crimes are all low scoring on the system. I was told that by an attorney I consulted but have no way to afford. But I facing vop and 4 new charges(all 3rd degree felonies i am hypothetically guilty of about cashing and forging a stolen check). While I understand all situations are different is there a minimum or common sentence for forgery and passing a forged instrument while I was on probation for dealing in stolen property (2nd & 3rd degree felony)? My past involves grand theft and drug possession charges.
A: Chosen as “Best Answer” by Asker!
Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/if-i-do-not-score-over-40-points-on-the-front-scor-2179686.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
Criminal Defense Attorney – Miami, FL
Contributor Level 20
3 lawyers agreed with this answer
James W Chandler
Criminal Defense Attorney – Naples, FL
James F. Feuerstein III
Criminal Defense Attorney – Tavares, FL
Justin Seth Drach
Criminal Defense Attorney – Jacksonville, FL
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James W Chandler
Criminal Defense Attorney – Naples, FL
Criminal Defense Attorney – Naples, FL
James F. Feuerstein III
Criminal Defense Attorney – Tavares, FL
Criminal Defense Attorney – Tavares, FL
Justin Seth Drach
Criminal Defense Attorney – Jacksonville, FL
Criminal Defense Attorney – Jacksonville, FL
Lawyers agree
Best Answer
chosen by asker
Answered . I don’t know what you will score but I do know this (or at least I believe it anyhow from your proffer)…. Whatever you score, and whatever may be “scorable” against you, your past will definitely, absolutely, 100% guaranteed, be “used against you” in one way or another.
If your priors can be scored then they will be scored and if they cannot be scored then rest assured that a) the state attorney will “use” them when factoring a plea offer (or declining to make you a plea offer) and b) that the Court will consider them when meting out a sentence (if a sentence is to be meted out).
The bottom line is that there is no escaping your past (well that and that both prosecutors and judges tend to have little to no sympathy for folks who, objectively speaking, either cannot manage to abide by the law or can’t seem to get out of their own way – at least enough to avoid being in places or with folks who steer them toward trouble) and that you can count on your prior criminal history biting you in the butt one way or another.
Unfortunately for you this is especially true in your case with your VOPs. As far as most judges and prosecutors are concerned that (VOPs) is (are) just adding insult to injury as they tend to view probation is a gift of sorts, albeit one which is given by an Indian giver who can take it back at any time (the alternative being jail), such that when you VOP you seem to be looking that proverbial gift horse directly in the mouth.
All of that said it is smart of you to seek advise and legal assistance, even if you cannot afford it, but if I were you I would get offline and stop posting information which can, theoretically, be used against you in court.
I hope that I have been helpful in answering your question.
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