How do previous criminal convictions affect my current criminal case?
If you are being investigated for or have been charged with a crime and you have been convicted of a crime in the past, you may be wondering what difference, if any, the previous criminal conviction will make. If you are charged with a crime, a previous criminal conviction can have an impact on both the trial itself as well as the sentencing phase. Trial. While a previous criminal conviction is generally not directly relevant to whatever events happened that led to the current case, previous criminal convictions can impact the outcome of the current case by discrediting the testimony of whoever committed the previous crime. If the jury has knowledge of a previous criminal conviction, it can lead the jury to question the character of that person and therefore the truthfulness of any testimony that person gives in the current criminal case. For the prosecution, this may mean they seek to bring in a previous criminal conviction of the defendant. Since a jury should consider all evidence presented in the current case objectively, knowledge that the defendant had a previous criminal conviction should not influence how that evidence is interpreted in general. But if the defendant testifies in the current criminal case, the jury may be less likely to believe that testimony. As a defendant is not required to testify in his own criminal case, the prosecution may not have the opportunity to discredit his testimony. But previous criminal convictions may also be relevant related to witnesses for either the prosecution or the defense. As noted above, since a previous criminal conviction can undermine the believability of the testimony of that person, it could be used by either side of a criminal case in an attempt to discredit the witness in the eyes of the jury, again leading the jury to be less likely to believe that testimony. Sentencing. The sentencing phase of a criminal case occurs after the trial and only if the defendant is found guilty of the crime in the trial. In the sentencing phase, a previous criminal conviction can be and often is considered by the judge. This can mean a tougher sentence for the current crime, but how much tougher depends on what the current crime is, what the previous crime or crimes were, the location, and any precedent set by other judges in delivering sentences of similar crimes. There may also be laws that govern the minimum sentence a judge is allowed to set if there have been previous criminal convictions. One such example is driving under the influence (DUI), which as minimum sentence for multiple DUI convictions. You should contact a criminal defense attorney right away, even if you are only being investigated for a crime. In a criminal defense case, it is critical to get a criminal defense attorney on your side as early in the process as is possible, because an attorney can start gathering evidence even during the investigation phase that could keep you from even going to trial or in obtaining a not guilty verdict. This is especially true if you have previous criminal convictions that could increase the sentencing phase if you are found guilty. If you complete the short form found at http://www.criminaldefensehome.com/eval_bar.php, a lawyer will review your case free of charge. This review is 100% confidential and does not obligate you in any way. So please take this opportunity to have a professional review your case today to help begin building your defense.
What should I do if I am being investigated for or charged with a crime?
