A past conviction may be used against you to make your current charge more serious.
When it comes to prior conviction, there are specific rules in place that are designed to prevent the prosecution from attempting to convict you of the current charge based on your past criminal history. In other words, the prosecutor cannot claim that just because you have done something bad in the past means that you must have done this thing — but that doesn’t mean that your criminal history cannot be used against you in any way.
As an initial matter, when the police are investigating the crime, they will use your criminal history as part of the investigation. For example, if the police are trying to figure out who might have committed a string of burglaries and you were convicted of a similar crime in the past, they might call you in for questioning for that reason. A criminal history may also impact how the crime is charged and the type of plea bargain that is offered. If the prosecutor knows that this isn’t your first offense and that you have broken the law before, he or she will be less likely to offer you a favorable deal.
Once the case gets to court, the prosecutor is much more limited in how he or she can use evidence of your prior convictions. There are very specific rules in place to protect your rights to due process and a fair trial. For example, if you are on trial for a DUI, the prosecutor cannot introduce evidence that you were once convicted of robbery to prove that you must have driven drunk. But there are situations where the prosecutor can use evidence of past convictions, such as in sexual assault or domestic violence cases, and if you have prior convictions for those types of crimes. If you take the stand in your own defense and have convictions for certain types of offenses that would impact your credibility — such as for forgery or fraud — the prosecutor may also be able to bring those into evidence. Having a skilled criminal defense attorney in Los Angeles, CA can help protect you against the introduction of your past convictions. Your lawyer can work with you to develop a strategy to try to prevent the prosecutor from being able to introduce evidence of your past convictions at trial.
In California, past convictions may also come into play for sentencing purposes if they fall under California’s “three strikes” law. Typically, these are for violent felony crimes. A criminal defense attorney in Los Angeles, CA can help you determine if you are subject to the three strikes rule.
If you have been charged with a crime in Los Angeles or the surrounding areas, the Chambers Law Firm can help. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
