How Prior Convictions Can Affect Current Criminal Cases

Any type of criminal charge in Wisconsin is serious, and it could result in potential penalties if you are convicted. The stakes are already high enough, but they can become higher if you have already been convicted of a prior offense. Therefore, if you have prior convictions and you have been charged with a crime again, it is even more vital that you hire a criminal defense attorney from Hogan Eickhoff to represent you in the legal process. There is a greater possibility that you could be facing prison time and other tough consequences in the event of a conviction.

There are numerous instances in the overall criminal justice process where prior convictions may come into play. From the decision about how to charge you to the sentence you may receive if you are convicted, things may be different for you in the overall process.

How Prior Convictions May Affect How You Are Charged Now

The way that the prosecutor views you as a defendant may be colored by what they see in your criminal record. The prosecutor represents the people in your case, and they could decide that it would be in the best interests of justice to be tougher on you. They could be less likely to negotiate a favorable plea bargain if they see that you have a lengthy prior criminal history.

The charge that you are facing may be charged as a more significant offense if you have previously been convicted of it. For example, OUI or certain drug charges may elevate to a felony if you have been charged with a subsequent offense. Then, you would be facing a more serious consequence if you were convicted of the crime.

It May Be More Difficult to Get Bail with Prior Convictions

Prior offenses could also come into play during the course of a bail hearing. A judge could see that you have a criminal record. In their view, it could either increase your danger to society or render you a flight risk. Either way, a prior record may mean that you are either denied bail entirely or are forced to come up with a larger amount of money. There is a greater chance that you could be held in custody before trial, or you may be committed to custody after you have been convicted of a crime with a prior record.

How Prior Convictions Come Into Play at Trial

There is a chance that prior convictions could come into play at your trial itself, although it is not always the case. The general standard, under rules of evidence, is that past bad acts are not admissible as evidence to be used against you at trial in your case. However, there are a number of exceptions to that rule that could possibly allow the prosecutor to have at least some mention of your prior record go in front of the jury. For example, a prosecutor can introduce a prior criminal record if it is used to show motive, intent, or a prior pattern of behavior.

This exception is a pretty broad one, and your criminal defense attorney may not always be successful if they are objecting to this evidence being presented at trial. Also of importance is how prior convictions could impact your credibility as a witness. Your criminal defense attorney may advise you that it would be helpful to your case to testify in your own defense. Then, your own credibility is crucial to whether the jury decides to believe your testimony.

You are subject to cross-examination from the prosecutor, where they would bring in evidence and ask you about prior acts. These questions would be aimed at impeaching you as a witness and undermining your credibility in the eyes of the jury.

Prior Convictions Often Result in a Longer Sentence

Prior convictions would certainly affect your criminal case if you are convicted of the charges against you. In that event, the judge would sentence you at a hearing at some point after the conviction. They would weigh whether there are aggravating and mitigating factors. A judge could be more likely to exhibit leniency if they see that it was your first offense. Conversely, they may be more driven to impose a harsher sentence if there is a history of prior criminal convictions.

The criminal justice system tries to strike a balance between rehabilitation and punishment. The more times that you have been convicted of a crime, the more likely it is that a judge may lean more towards punishment than rehabilitation.

Prior crimes could also trigger mandatory minimum sentences for a particular crime. Although there may be no more “three strikes and you’re out” law, some statutes do require jail time for second or subsequent offenses.

Why You Need a Criminal Defense Lawyer if You Have Prior Convictions

Since jail time is a much more distinct possibility, you need immediate legal help if you have been charged with subsequent offenses. Depending on the crime that you have been charged with this time, there is still a chance that you may be able to avoid a jail sentence, or you may get a lesser one than you would otherwise have received.

An experienced criminal defense attorney could help determine whether it is in your best interests to fight the charges against you or negotiate a potential plea bargain with the prosecutor.

Contact an Appleton Criminal Defense Law Firm Today

Facing criminal charges in Appleton can be overwhelming, especially if your case involves prior convictions. Hogan Eickhoff’s experienced criminal defense attorneys are ready to protect your rights and provide aggressive, personalized representation. We understand the complexities of Wisconsin law and the impact that past convictions can have on current charges.

From evaluating evidence and challenging improper procedures to negotiating plea deals and representing you in court, we fight to achieve the best possible outcome. Contact Hogan Eickhoff today, either online or by calling us at (920) 450-9800, for a confidential consultation and take the first step toward protecting your future. Our team of experts defends various felonies and misdemeanors including sex offenses, violent crimes, domestic violence, property crimes, and drug offenses.