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    selfimprovements's Avatar
    selfimprovements Posts: 5, Reputation: 1
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    #1

    Mar 4, 2006, 09:07 PM
    Sentencing under the recidivism Statute
    Must a defendant be first indicted under the recidivism statute in order to be sentenced under the recidivism statute? Or may the district attorney request the defendant be sentenced under the recidivism statute after indictment and before trial? (The actual timing the defense received the notice of recidivism was only 3 business days prior to the beginning of the trial, which I have been told also may be a fault since the defense was not notified timely - i.e. 10 business days before the trial.)

    Thanks!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,269, Reputation: 7690
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    #2

    Mar 5, 2006, 07:02 AM
    If the defense was not ready they had the right to ask for the case to be continued. At the time of indictment often they may not know of previous convictions. Esp in GA at the hearing where he is charged and the evidence to present is often done the next morning (at least in Fulton County) after the person is arrested. Of if not very shortly after. And often it is based on part if not in whole on the police officers report and the charge the officer wrote on the incident report. In some counties the officer will speak to a representitive of the DA office at the jail when he books the person, to be sure the charge is correct. While they may have already run a NCIC or in GA the GCIC report to see prior arrests and convictions or also current wants and warrants this information is not available to the officer at the time of booking ( excpet for current warrants outstanding)

    The DA will normally just present this evidence at the hearing to bind them over for trial, and than actually start looking into the case latter.
    I have had a lot of DAs come into court that morning with no idea of the cases and they look at the files in court for a few minutes prior to the case.

    Now this would not be the case for serious crimes I am sure but for the normal run of the mill days.

    This may not be the way it works in all states or smaller counties but what I have seen from my experience.
    wynelle's Avatar
    wynelle Posts: 184, Reputation: 21
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    #3

    Mar 12, 2006, 07:45 PM
    So you aren't denying that you deserve sentencing under the recidivism statutes, just that you are looking for a technicality to not get the approprite sentence?

    While in jail/prison, take every opportunity to find out why you keep continung the behaviors which got you arrested each time. Get counseling. Learn job skills.

    Good luck.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,269, Reputation: 7690
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    #4

    Mar 12, 2006, 09:06 PM
    Many cases are dismissed or get all sort of evidence or rulings dismissed or changed for various reasons. Right and Wrong or even actually being guilty has nothing to do with it, it is only what legal evidence can be submitted

    In one case the theft was caught right in the house, the police handcuffed him in the house with the frighten house owners in the upstairs bedroom (he had walked into their bedroom)

    Shortly before that this person broke into another families home. After he was arrested in the first house, they drove him by for a ID ( legal in GA) and he was id'ed as the person who broke into their home.

    Because of a mis quote on the collar of his shoes and the type of headwear he had on, he got off, even though he was physcially caught in that persons house. Everyone knew he did it, that was not the issue, having acceptable evidence is the issue.

    Also in GA, in the state prisons, there are no job skills or trade schools available, you may work in the kitchen, you may work on a farm or a road crew with a guard on horse back watching you.
    And there is little education available in GA prisons either, they are a place for punishment. Most are over crowded. One I know of has 1/3 more inmates than it was built for. TV rooms have been converted to dorms holding 10 inmates in one room..

    They will be housed, feed, and made to do various make meanial jobs around the compound.

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