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    audra1234's Avatar
    audra1234 Posts: 2, Reputation: 1
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    #1

    Jun 10, 2012, 03:37 PM
    First offender pardons
    I received a 1rst offender pardon in 2008, I got a felony drug charge on sept. 2011, richland parish ada and judge say that, that pardon doesn't matter, they are charging me as a second offender. Is that legal?
    audra1234's Avatar
    audra1234 Posts: 2, Reputation: 1
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    #2

    Jun 10, 2012, 03:39 PM
    Does a 1rsf offender pardon stand good in the court system
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jun 11, 2012, 06:25 AM
    Hello a:

    It SHOULD, but that's an argument your lawyer should make.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 11, 2012, 10:18 AM
    The issue, the 1st offender program ( are you sure they called it a pardon) it is normally treated as a conviction as for as future crimes ( you can not get a first offender program twice)

    Next did the judge say that or did the DA say that ?

    The DA writes up and makes the charges, and then if the charges are not correct, your attorney files a motion to have them dismssed for those reasons.

    Then that is discussed in court.

    Next normally it is not how they charge you, you are charged with the crime, it is the sentencing that prior charges reflext

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