When you’re facing a new criminal charge, your past record almost always comes into play. The legal system looks not just at what you are being accused of now, but also at what’s happened before. It’s understandable to be anxious if your criminal history, including past convictions or dismissed charges, is going to be reviewed. Knowing how this process works can empower you to make decisions that safeguard your future.
Table of Contents
How Criminal History Affects Different Stages of a Case
Your past arrests and convictions can follow you into every phase of a new criminal case. It can have different effects depending on what stage of your case you’re at.
Here’s how criminal history can influence everything from arrest to sentencing:
Arrest and Charging Decisions
When police report a crime to the prosecutor, any prior charges or convictions may come up right away. If the current allegation looks like a pattern because you have a criminal history of similar offenses, a prosecutor might push for more serious charges — elevating it to a felony instead of a misdemeanor, if possible.
Bail Hearings
Bail isn’t set in a vacuum. When judges look at your bond, your history matters. A person who’s never missed court or had other issues might be released without having to pay bail at all. If you’ve skipped court dates or past charges involve violence, it’s more likely that the judge will set a high bail or refuse it due to safety and flight concerns.
However, if your history only involves low-level misdemeanor offenses, your lawyer might still be able to convince the judge to let you out on bail with reasonable conditions.
Plea Bargaining
When a prosecutor makes a plea offer, your record will guide their position. If they have several related convictions, they are generally less willing to offer leniency when it comes to charges and sentencing.
Your record will also affect other conditions that may be added as part of the deal, like treatment programs or house arrest. Defense lawyers will often highlight rehabilitation, low risk of reoffending, or life circumstances, thereby reducing the chances of future problems.
Trial
Your history may or may not be discussed during trial, depending on the specifics and the rules of evidence. Your lawyer will try to keep your criminal history out of trial, but it isn’t always possible.
When this information comes before a judge or jury, it can be very damaging. It can hurt your credibility and make the judge and jury see you as more likely to be guilty for the current offense — even if your history isn’t truly related to the current charge.
Sentencing
If a judge or jury finds you guilty, your criminal history will play a significant role in your sentence. Prior convictions can lead to sentencing enhancements, resulting in additional prison time. Judges see repeated prior crimes as a reason to make sentences harsher, and some charges come with mandatory sentencing if you have a certain criminal history.
Criminal History That Matters Most
Understanding how your criminal history can affect your open case is essential, so you know what to expect. This also means gaining a better understanding of the types of prior offenses that are considered more severe.
Violent Crimes vs. Non-Violent Offenses
Courts usually treat violent crimes, such as assault or robbery, more seriously than non-violent offenses like shoplifting or drug possession. When someone has a track record of violent acts, judges and prosecutors may view them as a greater risk to public safety. Non-violent offenses often still influence the process, just not to the same degree.
Recent Convictions Carry More Weight Than Old Ones
The length of time that has passed since the crime occurred affects the amount of attention it receives. Recent convictions, even if they aren’t that severe, can look more troubling because they suggest ongoing criminal behavior. If several years have passed without new charges, older offenses often have less influence.
Similar Prior Offenses
Offenders with a pattern of the same behavior, such as multiple DUI convictions or repeated thefts, face tough consequences. A repeated crime suggests to judges or prosecutors that warnings, fines, or other penalties did not work the first time. People with this kind of history often have a harder time getting leniency
Defense Strategies to Minimize the Impact of a Criminal History
If you are facing legal trouble, it can be hard to move forward, especially if old convictions are hanging over your head. That being said, defense attorneys know how to lessen this impact. Understanding these options gives you a better chance to make informed decisions about your defense.
Challenging Prior Convictions
In some cases, old convictions on your record can be changed or even erased. For example, if you have had your record expunged but it’s still showing up for some reason, your lawyer can investigate and ensure it’s taken care of.
Filing Motions to Exclude Prior Acts From Trial
The judge does not always have to allow your history into a current case. Your attorney can ask for certain past actions or prior crimes to be left out, so the jury focuses on the present charge and not your record. These exclusions prevent unfair assumptions from affecting your case.
Presenting Evidence of Rehabilitation
Sometimes, proving you have moved past previous mistakes can help. This might include showing you have completed a treatment program, regularly worked, or given service to your community.
Contact Suhre & Associates DUI and Criminal Defense Lawyers for a Free Consultation With a Lexington Criminal Defense
If you’re facing criminal charges in Lexington, your past doesn’t have to define your future. At Suhre & Associates DUI and Criminal Defense Lawyers, we understand how overwhelming it can feel when your record becomes a factor in a new case. Our experienced Lexington criminal defense attorneys will fight to ensure your past doesn’t unfairly influence your present or future.
For more information, contact us today at (859) 569-4014 to schedule a free consultation.
