Ways Your Criminal History Can Affect Your Current Case

If you have been charged with a new crime, your past criminal record can play a big role in the case. Prosecutors look at prior convictions to decide on charges. They may push for tougher ones if you have a history of similar offenses.

Judges use your record to set bail amounts or deny release if they see a risk to the public. It also affects plea deals and sentencing, often leading to longer jail time or higher fines. In this blog post, we cover five key ways your criminal history impacts your current case. Knowing these helps you prepare and seek strong legal help early.

1. Influences Charging Decisions

For a new case against you, prosecutors check your criminal history right away. They often file stronger charges if you have past convictions. For example, a second DUI might become a felony instead of a misdemeanor. Theft cases can get enhanced too, with higher penalties for repeat shoplifters.

This happens because they see you as a habitual offender who needs tougher handling. Your record shapes their first move in court. It is best to consult professionals to handle criminal history to fight back early. Early defense can challenge these charges and push for better outcomes.​

2. Increases Sentencing Severity

The court can this time give you a harsher sentence because of your past record. Judges follow guidelines that add points for prior convictions. This means longer jail time, bigger fines, or required minimum sentences.

States like California have three-strikes laws that can mean life in prison for third felonies. In Pennsylvania, enhancements boost penalties for repeats. Federal rules do the same across the US. If you break probation from before, it makes things worse, too. Your history shows a pattern, so sentences get tougher.

3. Affects Bail and Pretrial Release

It can get tough or impossible to get out on bail before your trial if you have a criminal history. Judges look at your past record to check if you might run away or harm others. Violent priors often lead to higher bail amounts or no release at all.

Prosecutors show your rap sheet at hearings to argue against letting you go. Federal law considers this risk under 18 U.S.C. 3142(g). Your history makes judges worry more about public safety. A lawyer can present facts to lower bail or win release.​

4. Shapes Plea Bargain Offers For You

This time around, prosecutors offer worse plea deals if you have a criminal record. They see you as likely to offend again, so they push for jail time or high fines instead of dropped charges. First-time offenders get better offers, like reduced sentences or probation.

Your history makes them less willing to negotiate. They might refuse deals altogether to send a strong message. This hurts your options before trial. A good lawyer can still fight for fair terms by showing changes in your life.

5. Biases Jury Perception at Trial

At trial, your past convictions can hurt how the jury sees you. If you testify, prosecutors can tell the jury about certain priors to question your truthfulness under Federal Rule of Evidence 609. This attacks your credibility.

They might also use similar past crimes to show a pattern, like intent in theft cases. Rules limit what juries hear, but the info still sways views despite the judge's orders not to prejudge. This raises conviction risks. Avoid testifying if priors are weak, or let a lawyer weigh options.

Conclusion

There are many ways your criminal history can hurt your current case. It shapes charges, bail, plea deals, sentences, and even jury views. Prosecutors and judges use it to push for tougher outcomes.

First-time cases often go easier, but repeats face bigger risks. Get a lawyer who knows how to fight back against these effects. They can challenge priors, show rehab, or negotiate better terms.