How Far Back Can a Prosecutor Look to Allege Priors for Shoplifting

[charles721]

My question involves criminal law for the state of: Arizona I was arrested and cited for misdemeanor shoplifting in Chandler, Az. When I went to my arraignment the judge said that under Arizona law the prosecutor could alledge my priors to make it a felony, I haven't been in any major trouble in almost 20 years but I have at least 2 prior convictions for shoplifting and a prior conviction for burglary which was a shoplifting initially but was changed to burglary because I had no money on my person when I entered the establishment so because I went in with the intent to steal it was enhanced, I also have an armed robbery and an aggravated assault. All of those prior convictions occurred in 1997 or before I haven't been in trouble for anything since then except a misdemeanor public consumption. I completed parole and have stayed out of trouble and I have been at the same job for almost two years.

So there it is what should I expect will the prosecutor look back almost twenty years and alledge my priors and make this misdemeanor a felony or do I have any chance at all of not losing my entire life because of this horrible mistake please help what are my options

[DeputyDog]

The prosecutor can see any and all previous convictions.

This is not a horrible mistake; you are a career criminal (armed robbery, aggravated assault, burglary, 2 theft convictions.)

You're going to prison.

[charles721]

Arizona law states any priors within 5 years am I still screwed?

[cbg]

A mistake is wearing odd shoes. Shoplifting is a choice. Why should you not be penalized for a choice to commit crimes, multiple times?

[charles721]

I was wrong and I need advice and not to be berated for my poor choice! I am doing that to myself enough already thank you! And I never said I wasn't wrong for my choice nor did I ask how to get out of paying my debt to the courts and society what I did was wrong and I know it, I merely asked for advice not to be beat up for it!

[cbg]

You want advice? Here it is; stop committing crimes.

You'll find out what the prosecutor does when he does it. Our opinion as to what he will do is meaningless.

[flyingron]

You need an attorney. You will not get anywhere pleading your case here. As pointed out the court CAN count your rather abysmal record against you. If there's reasons why this should be disregarded, it will take an attorney who can take a neutral analysis of the facts to decide what that might be.

[Mr. Knowitall]

In terms of the shoplifting statute itself, the law provides,

I. A person who in the course of shoplifting uses an artifice, instrument, container, device or other article with the intent to facilitate shoplifting or who commits shoplifting and who has previously committed or been convicted within the past five years of two or more offenses involving burglary, shoplifting, robbery, organized retail theft or theft is guilty of a class 4 felony.

If that is the habitual offender provision that the prosecutor would be looking at, the prosecutor would be restricted to looking at the past five years. (Your state may have other habitual offender provisions that could apply.)