Why is it Vital to Factor Any Previous Convictions Into a Comprehensive Defense Strategy?
Prior convictions can influence various aspects of the legal process, from investigation to sentencing, and understanding these implications is crucial for developing effective defense strategies. Prosecutors often take a more aggressive stance when dealing with defendants who have prior convictions. The prosecution may view the defendant as a habitual offender, warranting stricter penalties and less leniency. This outlook can result in more severe charges, less willingness to offer plea deals, and an overall tougher approach. By considering the effects of prior convictions, an experienced Ohio criminal defense attorney can anticipate these prosecutorial strategies and prepare a tailored plan to mitigate their impact.
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What Are the Potential Ramifications of a Prior Conviction on Your Current Court Case?
You may believe that you are free of the consequences of a criminal conviction once you have fulfilled the terms of your sentence. Unfortunately, unless you have gotten your record expunged, you could still face repercussions for mistakes from long ago. This is particularly true if you are facing new charges. Prior convictions can profoundly affect the trajectory of a current criminal case in Ohio in the following ways.
Higher Bail
While many factors are considered by the court when determining a bail amount, an offender’s history of criminal convictions can undoubtedly play a role. A defendant with several past convictions may be considered a habitual offender who could possibly pose a risk to the community. This perception can influence bail decisions. The court may set a higher bail or deny bail entirely if it believes the individual is likely to re-offend or appears to present a flight risk.
Heightened Scrutiny
The U.S. criminal justice system emphasizes that individuals are innocent until proven guilty. However, if a person is accused of a crime for which they have a prior conviction, law enforcement may be more likely to come to conclusions about patterns of behavior or motives for the alleged offense. Individuals with a criminal record could be subject to intensive investigations and observation based on their history.
Enhanced Sentencing
Prior convictions, particularly for the same type of offense or a violent crime, can result in more serious penalties in your current case. The enhanced sentencing guidelines apply even if the crime occurred in another state. For example, under Ohio Revised Code § 2929.14, individuals facing felony charges for a violent crime who have been previously convicted of specified felonies could be subject to increased penalties or additional prison terms of up to five years. In many cases where additional prison terms apply, the sentence is mandatory, and the offender will not be eligible for a sentence reduction.
Decreased Perceptions of Credibility
If your case goes to trial before a jury, evidence of your prior convictions could alter the jury’s views on your testimony and truthfulness. Unconscious juror bias based on the knowledge that you’ve been convicted of crimes in the past, even if they are unrelated to the current charges, can make it more challenging to mount an effective defense.
What Methods Can Be Used to Reduce the Impact of Prior Convictions?
Mitigating the effects of your previous convictions is crucial to the outcome of your current case. The prosecution will look into your record and use any information they can find to bolster their case against you. However, a negative outcome is not a foregone conclusion, even if you have faced a conviction in the past. Your legal team can evaluate your situation and devise a plan to lessen the influence of your conviction history using one or more of the following strategies.
Get the Charges Dismissed
Regardless of your criminal history, law enforcement and prosecutors must follow strict legal standards when handling your case. A knowledgeable lawyer can protect your rights and fight to have your case dismissed or seek acquittal if any procedural violations or errors have occurred. Your lawyer can also investigate the details of your charges to determine if there are omissions or weaknesses in the prosecution’s case that could warrant a dismissal of some or all of the charges.
Work Toward a Plea Deal
The potentially serious penalties for a subsequent offense conviction, including mandatory minimum sentences, may make it worthwhile to consider a plea deal. A skilled criminal defense attorney can negotiate with the prosecution to attempt to reach a plea deal that lessens the severity of the sentencing. Offenders who have shown remorse for their actions, a willingness to seek treatment for substance abuse or mental health issues related to the crime’s commission, or possess a positive reputation in the community despite their criminal convictions may be more likely to reach a favorable plea deal. However, your lawyer’s negotiation skills and the strength of their defense strategy are significant factors in plea discussions.
Challenge the Admissibility of Prior Convictions as Evidence
If the case goes to trial, keeping your previous convictions from being admitted as evidence can be essential. Admissible evidence must be relevant to the case and not cause undue prejudice against the defendant or confusion for the jury. Your lawyer may argue that your criminal record has no bearing on the current charges and could unfairly sway the jury’s perceptions, so it should not be introduced as evidence.
Explore Eligibility for Alternative Sentencing
Alternative sentencing aims to avoid unnecessarily incarcerating individuals who would be better served by rehabilitation-centered interventions. Diversion programs may include mental health courts or drug courts that focus on treating underlying issues and reducing recidivism. Probation, restitution, community service, and suspended sentencing may also be options that can help you avoid lengthy jail or prison sentences. Repeat offenders may not meet the eligibility criteria for all programs. However, your lawyer can determine if they are an option and argue for your inclusion based on your circumstances, cooperation, and willingness to make changes to improve your life.
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Why is Consulting With an Experienced Defense Attorney Vital if You Have a Criminal Record?
Even if your initial conviction occurred decades ago, a new charge could lead to life-changing consequences. Fortunately, charges don’t necessarily result in an automatic conviction. No matter what type of crime you have been charged with, from a misdemeanor to a felony, it is in your best interests to seek the counsel of a trusted lawyer from HMW Law who can guide you through the court process. By promptly enlisting the services of a proficient criminal defense attorney, you can give yourself the best possible chance for a positive outcome in your case. Our seasoned attorneys can navigate the intricacies of Ohio’s legal system, identify potential defenses, and advocate effectively on your behalf. To schedule a free consultation, reach out to our firm today at 216-369-1352.
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