If you’re facing criminal charges, your criminal record can have a major impact on the potential outcomes of your case.
Judges and prosecutors may take into account past convictions or probation violations in a variety of different situations. Understanding how this affects your situation is essential.
How Criminal History Affects Sentencing
Your record can play a major role when it comes time to determine sentencing. Here’s how this usually plays out:
Impact on Sentencing Guidelines
When a defendant has prior convictions, these can directly influence how sentencing guidelines are applied. Courts often impose harsher penalties for repeat offenses. For example, past criminal behavior might result in longer prison sentences or higher fines than for a first-time offender committing the same act.
Repeat Offender Laws
Many states have laws aimed specifically at repeat offenders, often called “habitual offender” or “three strikes” laws. These laws significantly enhance penalties for individuals convicted of multiple serious/felony crimes.
In Arizona, the three-strike law mandates a life sentence for individuals 18 or older who are convicted of three serious offenses (excluding drug offenses), with no eligibility for probation, parole, or early release until at least 25 years of their sentence have been served.
Probation and Parole Violations
If someone is on probation or parole and violates the conditions, this can lead to additional consequences. When there have already been prior violations, the judge is more likely to hand out even stricter penalties than they would if it were the first time.
Common violations might include missing required check-ins, failing a drug test, or committing another crime. These violations often carry serious penalties, such as probation or parole revocation and incarceration.
If you have a criminal history and are waiting to be sentenced, it’s important to speak with a Tucson criminal defense lawyer right away so you can mitigate the consequences as much as possible.
The Role of Prior Convictions in Bail Hearings
A criminal history can heavily influence several aspects of the legal process, including bail hearings. Courts consider your past actions to determine whether you should be granted bail. Here’s how prior convictions can come into play during this stage:
Higher Bail Amounts
A criminal history often leads to higher bail amounts. Judges might see repeat offenses as a signal that you’re more likely to re-offend or skip court dates. For some, this can mean bail is set so high that it becomes unaffordable, or in certain cases, bail might be denied outright.
Risk to Public Safety Arguments
Prosecutors may use your record to argue that you’re a risk to public safety. If your prior convictions include violent crimes or offenses that suggest you could harm others, this can seriously hurt your chances of securing bail. The court’s priority is to protect the community, and a history of dangerous behavior can weigh heavily against you.
It is crucial to be aware of how your criminal history impacts bail hearings. Make sure to work closely with an experienced attorney who can help present your case in the best possible light and advocate for your release.
Criminal History and Its Influence on Plea Deals
When prosecutors consider whether to offer a plea deal and what the details of that deal might look like, your criminal history can play a large part in their decision-making process. A record that features multiple previous offenses or severe prior charges may result in a less favorable deal or even no deal being offered at all.
On the other hand, a first-time offender with no violent or high-level crimes on their record is more likely to see more favorable plea deals offered. Regardless of your history, an attorney can argue mitigating factors to try to land a favorable plea deal.
How a Criminal History Impacts the Jury’s Perception
Your criminal history can play a big role in how a jury sees you during a trial. While every juror is instructed to focus only on the facts of the case, human nature can sometimes lead them to form opinions based on what they hear about your past.
How Prosecutors Use Your History
Prosecutors may try to introduce details of your past convictions to paint you as someone who regularly breaks the law. They do this to make their case seem stronger and make it seem more likely that you committed the crime you’re currently being charged with.
Initial Impressions Matter
If the jury learns you have a criminal record, they may view you less favorably right from the start. People tend to connect past behavior with current actions, even when that’s not fair. This can create a bias that may influence how they interpret evidence or testimony against you.
The Role of Your Attorney
Your defense attorney’s job is to make sure the jury stays focused on the facts of the current case. They will work to limit how much of your criminal history gets brought up in court or provide context that helps explain it in a way that softens its impact.
This is why having a skilled criminal defense attorney can make a big difference – they can help make sure your story is told in a way the jury can understand and connect with.
How to Handle Your Criminal History Moving Forward
Having a criminal history can make your current criminal proceedings and your life in general much more difficult. It doesn’t mean everything is a lost cause, though. Here’s how you can handle your criminal history moving forward:
Expungement or Record Sealing
One of the most powerful steps you can take to move forward is exploring whether your criminal record qualifies for expungement or sealing. Expungement can completely remove certain offenses from your record while sealing limits on who can access it.
Both options can make a huge difference in how your record impacts your life or any future legal situation. Talk to an attorney to see if this is an option for you and how the process works. If successful, it can help you start fresh without the stigma of prior convictions.
Rehabilitation and Demonstrating Change
If you’ve had prior convictions, one of the best ways to address your criminal history in future legal matters is to show that you are actively turning your life around. Meeting the terms of probation, attending support groups or therapy sessions, staying out of legal trouble, and holding down a job or going to school are just a few of the many steps you can take.
If you have a criminal record and are unsure how it might affect your current case, it’s important to reach out to a knowledgeable lawyer who can build the best defense strategy. An attorney will work to mitigate the impact of your past on your current situation. Contact Katsarelis Law Criminal Defense Attorneys today at (520) 510-0439 to schedule a free consultation with a criminal defense lawyer.