The Impact of Prior Convictions on Current Criminal Cases

Many people are unaware of how a prior conviction can affect their lives. For example, a prior conviction can impact your ability to get a job, become approved for a house or apartment, or even cause you to never be able to receive government assistance.

While these consequences may lead to many hardships, a prior conviction can also have an impact on your current and future criminal cases. This means that if you were convicted of a crime in the past, that conviction could affect what happens when you are faced with new charges.

Five ways that a prior conviction may impact your current criminal case

There are several ways that a prior conviction can impact your current criminal case. In fact, you may begin to see effects from your previous conviction before your case even makes it to trial. The following are five ways that a prior conviction may impact your current criminal case:

1. The type of charge that law enforcement gives you: Police officers are able to see all prior convictions on your record. This means that the officer who arrests you has the ability to look at your criminal history to decide what type of charge to give you. For example, if this is your second or third offense, you may receive a felony charge instead of a misdemeanor. In addition, if the officer can see that your prior conviction resulted in probation or parole, you may be put in jail and charged with violating your probation or parole as well.
2. The type of sentence you receive: When a court is deciding on what type of sentence you will receive for your current offense, they will look at your previous offenses. The judge and prosecutor will review your new criminal charges, but they will also look over and keep in mind your previous offenses and convictions to determine what type of sentencing you should receive. This is how the judge and prosecutor gain insight into what type of patterns or behaviors you are involved in, which could result in a more severe sentence. If your prior conviction list is long and has serious offenses on it, you will likely receive a harsher sentence than if you had no prior convictions at all. The reason for this is that the court has a goal to stop people from committing the same crimes and becoming repeat offenders.
3. The decisions that the judge makes regarding your prior convictions and evidence: A judge plays a big part in your trial. As a matter of fact, they are in charge of listening to both sides of the case and deciding what evidence the jury will hear about you. This means that the judge can decide whether your prior conviction should be considered in your current trial. If your prior conviction is relevant to your current case, there is a high likelihood that the judge could make the decision to allow it to be used in court as evidence against you.
4. The way that the jury members view or see you: Jury members also play a vital role in a court trial. They will listen to both sides of the case and decide who is guilty or not guilty. Therefore, if you have any prior convictions, the jury members may view or see you differently than someone who does not have any past convictions. For example, you may appear to be less trustworthy or even seen as more likely to be guilty of the new offenses against you because you have already committed another crime.
5. Your testimony: If you testify at a trial, you should prepare for the possibility of your previous convictions being brought up. Your testimony is most likely the time when prosecutors will make the claim that you are not an honest or credible person. This means that the prosecution may try to persuade the jury to believe that you are more likely to lie or give false details than someone who does not have prior convictions. For instance, if you were charged with setting a building on fire or robbing a gas station years ago and mention in your testimony that you would never set a property on fire or steal from someone, you and your testimony may be seen as dishonest because you have arson or robbery convictions on your record.

What if my prior conviction was expunged?

According to the American Bar Association, an expungement is “the process by which a record of criminal conviction is destroyed or sealed from state or federal record.” Many people with prior convictions may seek expungement, thinking that it will completely wipe their criminal record clean. However, the truth is that if you qualify for an expungement, your prior convictions will be removed only from your public criminal record, which means that those with private databases, such as law enforcement officers, can still see your criminal history. Being expunged from your convictions means that the public simply cannot access or view these crimes anymore.

An expungement can be very beneficial. For example, you may have an easier time finding jobs, securing housing, getting government assistance, and owning a firearm. In addition, a prosecutor may not issue more severe charges based on your criminal history.

If you have been charged with a crime in Manchester, CT and have prior convictions on your record, please do not hesitate to get in touch with an experienced criminal defense attorney from Barry, Taylor & Levesque as soon as possible. Our team knows what type of defenses to use on your behalf, and we will do our best to relieve your stress and worries about prior convictions and arrests. Call our offices or visit our contact page to schedule a consultation today. Our attorneys also serve clients in Hartford, CT, for your convenience.