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Question

I served 15 months in South Carolina in 1989 and 1990. Moved to Louisiana when I got out. Moved to Alabama in 2001 where I reside now. I am dealing with a "dog at large" charge now. If my attorney talks to the prosecutor to get it dismissed will the prosecutor try to research my past. If he does, what are the chances he will discover my S. Carolina problems. It never came out when I served a DUI probation in 2001, 2002, 2003. It did not come out when I faced a "driving without a Licensed" in 2002.

Submitted: 439 days and 1 hours ago.
Category: Criminal Law
Value: $30
Status: CLOSED
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Accepted Answer

Hello.

 

There is a strong likelihood that your past record will be discovered by the prosecutor. When the prosecutor runs your rap sheet, they usually also run a check through the National Criminal Information Center database, which provides a criminal history for every state, if there is one. The reason it didn't come up in your past dealings is that generally when you are arrested for a traffic offense, the State usually only gets a copy of your driving record, not your entire rap sheet.

 

It is possible that because the convictions were so long ago and in another state, and the charge you are pending now is not the most serious, that the prosecutor may make a decision on whether to dismiss your case regardless of your priors.

 

Hope this helps!

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Expert: Prosecutor
Pos. Feedback: 98.0 %
Accepts: 
Answered: 9/11/2008

Criminal Justice Lawyer

4 years as a prosecutor, 1 year as a judicial law clerk

439 days ago.

Reply

The S. Carolina sentense was for a sex crime. I have never registered because probation department in Lousiana said I did not have to. But I fear if this comes out, I will be caught in a technicality. I have not told my local attorney this. Please advise. I can pay another $30 if necessary.

Posted by Prosecutor 439 days ago.

Answer

You should tell your attorney. S/he is bound by attorney-client privilege and cannot disclose the information to anyone else without your permission (even to the prosecutor). By making him/her aware of the situation, s/he can take steps on your behalf to resolve the issue, but s/he needs to be aware of the complete picture. If registration was not a condition of your sentence, then it should not be a problem in another state. But you should run by your attorney before your new case comes into court, and s/he can make sure that you won't get hung up on a technicality.

438 days and 23 hours ago.

Reply

Registration not an issue at sentencing. It did not exist. This came up in the early 90's when I was on probation. The probation department first though I would have to register as a sex offender but later decided that I was grandfathered in and said I did not have to register so I never have. What is your opinion based on that?

Thanks, you are being very helpful.

Accepted Answer

Alabama does require registration if you move into the state from another state where you had such a conviction. However, if you were grandfathered out of the registry by the state you moved from, that should be recognized by the new state. To be on the safe side, you should consult with your lawyer as soon as possible so if it does turn out you need to register, you can do it before your court date on the new case.

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Expert: Prosecutor
Pos. Feedback: 98.0 %
Accepts: 
Answered: 9/11/2008

Criminal Justice Lawyer

4 years as a prosecutor, 1 year as a judicial law clerk

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