It can be scary to face a new criminal charge, especially if you have been convicted of crimes before. Whether or not a previous conviction affects your current case rests on a number of factors. In some cases, courts, prosecutors, and even jurors can consider a person’s past criminal record. This could lead to harsher punishments or stricter trial outcomes.
Misdemeanors and felonies are two main types of offenses that people are charged with. If you are found guilty of a misdemeanor, you will usually spend less than a year in county jail. On the other hand, felonies are more serious crimes that can get you at least one year in state prison or even life in prison for serious crimes. It’s important to know what kind of crime you were convicted of in the past because the seriousness of that crime can directly affect how your current case turns out.
How a Previous Conviction Affects Sentencing
One of the most important effects of a previous arrest is that it can change the sentence. Laws are meant to discourage repeat convicts from breaking the law again and again by giving them harsher punishments. Some examples are
- Three strikes Laws: In some places, getting a third felony sentence can mean life in prison.
- DUI/DWI Penalties: Multiple offenses of driving while drunk can lead to longer prison terms, higher fines, and tougher probation terms.
Sentencing guidelines are often used by judges to figure out what punishments are right. If you’ve been in trouble with the law before, you may be labeled as a “persistent offender,” which can mean longer sentences or being denied release.
Effects on Plea Bargains and Pretrial Conditions
Your criminal history can also affect the steps taken before your trial and the plea deal you make. A person who has been convicted before might be seen as less deserving of mercy by prosecutors. This can show up in different ways:
- Reduced Plea Deal Options: There are fewer choices for plea deals because prosecutors may offer harsher terms or refuse to negotiate at all.
- Ineligibility for Diversion Programs: Repeat offenders often can’t access alternatives to incarceration like rehabilitation programs.
- Higher Bail Amounts: If you have a criminal past, you may be seen as a higher risk, which could mean that you can’t get bail at all or have to follow stricter rules.
Use of Past Convictions in a Trial
To keep things fair, judges usually don’t let people talk about a defendant’s past crimes in front of a jury. However, there are some exceptions. People can question your credibility if you speak about convictions you have had in the past. For instance:
- Crimes of Dishonesty: Convictions for fraud or theft can be used to make people doubt your honesty.
- Character Evidence: If you say you’re not violent, a sentence for assault in the past can show that you are not.
In some cases, the nature of the previous offense might relate to the current charge, making it admissible to show a pattern of behavior. However, most jurisdictions don’t allow charges that happened more than ten years ago be used against someone.
The Role of Expunged Records
Expungement can get rid of or seal a previous conviction from public records, which might make it less important in a new case. But police, prosecutors, and courts can still see records that have been expunged. Even though expungement can help you get a job or a place to live, it doesn’t completely protect you from the legal effects of a past crime.
Factors That Determine Impact
How much your past conviction affects your current case varies on a number of factors, such as:
- Similarity of offenses: Penalties tend to get harsher when the same crime is committed more than once.
- Timing: In many jurisdictions, convictions within the last ten years are taken more seriously.
- Jurisdictional Laws: Local statutes and laws about repeat offenders are very important in deciding sentences.
Knowing about these factors is important for planning your defense and figuring out what might happen in your case.
