PA Supreme Court Declares Prior Arrests as Void for Sentencing!
A recent verdict from the PA Supreme Court has brought about a significant change in sentencing guidelines. It has been declared that for an accused, any prior arrests without conviction cannot be used while sentencing.
But will this new rule affect how courts deal with sentencing, and if so, how? We’ve talked about all of that in this guide. So, stick till the end to know it all.
The Verdict
“Prior arrests shed no reliable light upon criminal propensity, cannot be used as evidence of bad character or for impeachment purposes, are not a relevant sentencing consideration, and have no probative value for establishing a defendant’s likelihood of recidivism.”
This ruling came into effect after the case of Commonwealth v. Berry, where the Supreme Court declared that if an accused was arrested without a conviction in the past, a judge cannot use that to rule a harsher sentence. Why so?
Because the PA Supreme Court declared that an arrest record, in itself, doesn’t prove a person’s criminal propensity, character, or chances of recidivism. It just proves that a person was once accused of some crime, which was never proven in court.
How Does this Verdict Redefine Future Sentencing?
Well, for a Pittsburgh criminal lawyer, such a verdict is no short of a blessing in disguise! Because now, they can use this new declaration as a crucial tool in creating a defense for their clients.
Added to that, prior convictions were considered to be important factors in determining the severity of a sentence. But in Berry’s case, the court found out that there were no conviction records against the accused. So, the Supreme Court decided to reject this practice altogether, thereby nullifying the act of considering an accused’s prior records to influence sentencing.
Other than that, this new verdict is most likely to affect the future sentencing decisions substantially. So, if you’ve hired a Pittsburgh criminal lawyer, make sure that the professional follows these few steps if you feel that your prior records are affecting your current sentence-
- Filing a post-sentence motion: If you see that a judge has considered your prior arrests during the current sentencing, your lawyer can appeal for a resentencing by filing a post-sentence motion.
- Raise objections against the PSI report: Your Pittsburgh criminal lawyer can raise objections against the Pre-Sentence Investigation (PSI) report if there was an inclusion of prior arrests in your case.
- Prevent the Commonwealth from reporting the arrest history: Your lawyer can also prevent the Commonwealth from including your arrest history record.
- Request to appoint a new judge: If the situation of including prior arrests arises, your lawyer can also request a new judge to avoid any bias in future hearings.
How Can a Skilled Defense Lawyer Make a Difference?
A skilled Pittsburgh criminal lawyer makes it a point to stay updated with the new amendments and regulations. So, they can easily look for errors in the sentencing procedure, and therefore, help protect your rights effectively. Added to that, they can also challenge any improper evidence and make sure that your case is handled fairly.
Hence, if you, or someone you know, is facing sentencing, don’t just leave things to your fate! Instead, contact us at the Logue Law Group and consult with our expert Pittsburgh criminal lawyers today! Dial 412-387-6901 and schedule a free consultation ASAP.