A defendant’s criminal history can play a significant role in how their case is handled by the court. Understanding the impact of your record helps you and your lawyer develop a legal strategy to minimize negative consequences and pursue the best possible outcome. Keep reading to learn more about how your criminal history can affect your case.
How Criminal History Influences Different Stages of a Case
Criminal history can shape the direction of your case at every major stage, directly impacting how you’re treated and the results you can achieve.
During Bail or Bond Hearings
When a judge decides whether to release you on bail (and the amount of bail to be set) or keep you in custody while your case is ongoing, they will look at your criminal history. The current charge you are facing is the most important factor, but if you have prior offenses that are similar or you have prior instances of failing to appear in court, it’s more likely that your bail will be higher or you won’t be released.
In Plea Bargaining
Most criminal matters are concluded through plea bargaining as opposed to going to trial. When a prosecutor is speaking with your defense attorney and deciding what type of plea deal to offer, they will certainly be looking at your criminal history. If you have a lengthy history or certain types of convictions, there’s going to be less room for negotiation. First-time offenders are much more likely to receive offers for probation, diversion, or reduced charges.
At Trial or Sentencing
A judge and jury may not always hear about prior convictions at trial, but they’re a significant factor in the sentencing phase if you’re ultimately found guilty. Prosecutors are likely to argue that your prior behavior shows a pattern, justifying a harsher sentence.
Enhanced sentencing standards can also apply, drastically increasing penalties. Knowing how past convictions influence the outcome can help you and your lawyer prepare defense strategies and safeguard your future as much as possible.
Types of Crimes That Have The Biggest Impact
Certain types of past crimes can have a much greater impact on the outcome of your current case, increasing the chance of harsher penalties.
Violent Offenses
Prior convictions for violent crimes are always going to have a negative effect on your current case. This could include crimes like assault, robbery, or battery. These types of charges signal to the court that the defendant could be a danger to the community. This can lead to higher bail amounts, increase your chance of being denied probation, or lead to automatic sentence enhancements when you’re facing a new charge of violence.
Domestic Violence Convictions
Prior domestic violence charges, especially involving the same alleged victim or any pattern of repeated behavior, play a significant role in sentencing for current similar cases. This essentially guarantees harsher sentences and potentially leads to felony charges instead of misdemeanor charges.
DUI Convictions
If you’re charged with a DUI and have a prior DUI conviction, this has serious implications for your criminal case. When you have prior DUI convictions, a subsequent charge can lead to higher fines, more jail time, and longer periods of license suspension. In some cases, previous convictions can even result in mandatory jail sentences.
Felonies in General
Having any prior felony can have a severe effect on your current case. Even if your current charge isn’t as severe as a previous one, just having one felony on your record can elevate the consequences significantly.
Understanding how certain types of past convictions affect your current case highlights the importance of contacting a criminal defense lawyer immediately.
How to Minimize the Impact of Your Criminal Record
Taking steps to minimize the impact of your criminal record can make a significant difference in the outcome of your current case and your long-term future. Below are some steps you can take that could be helpful:
Hiring an Attorney Early
Getting an experienced lawyer on your side right away gives you the best chance to address potential problems with your record and develop a strong legal defense. An attorney can negotiate with prosecutors and ensure any positive aspects about your background or circumstances are brought to light.
Seeking Expungement if Eligible
In some cases, you may be able to have certain charges or convictions removed from your record through expungement. This process can help reduce stigma, open up employment and housing opportunities, and prevent your past from being used against you as harshly in court.
Showing Rehabilitation
Courts will always take note of what you’ve been doing with your life since your prior convictions. While your current case brings you before the court again, it’s still important for them to see that this is an exception and that you’ve overall made improvements to your life. For example, you have been working, are in school, and have otherwise remained away from the criminal justice system.
Contact a Birmingham Criminal Defense Lawyer at Jaffe, Hanle, Whisonant & Knight, P.C. for a Free Consultation
If you are worried about how your criminal history could affect your current case, contact us today at (205) 930-9800 to schedule a free consultation with a criminal defense lawyer from Jaffe, Hanle, Whisonant & Knight, P.C. We will fight to protect your rights and freedom.