The Impact of Prior Convictions on Your Current Criminal Case: What You Need to Know
As a criminal defense attorney in Florida, one of the most common questions we get from clients is how their past might come back to haunt them.
The reality is that prior convictions can significantly impact your current case, but understanding how they work can help us build the best possible defense strategy. Sometimes prior convictions may play no role in your case – or their impact can be minimized.
First, let’s talk about sentencing.
Florida, like most states, takes prior convictions very seriously when determining sentences.
Florida follows a “scoresheet” system, where prior convictions add points that can push you into a higher sentencing bracket. Each past conviction is given a score and judges use the scoresheet when determining sentencing. Both primary and additional offenses are counted on the scorecard.
Here’s an example. Mike was arrested for a relatively minor drug possession charge and, without prior convictions, likely would have been sentenced with probation. However, because he had two prior convictions, he’s likely to face a mandatory minimum sentence.
But it’s not just about sentencing. Prior convictions can affect your case long before we even get to that stage.
Here’s where it gets interesting – and why having an experienced defense attorney is crucial.
The prosecution might try to use your prior convictions to impeach your credibility during legal proceedings and at trial. Think about it this way – if you’re on trial for fraud and have a previous fraud conviction, the prosecutor can (and likely will) bring this up to suggest a pattern of dishonest behavior.
However – and this is important – not all prior convictions are fair game in court. The rules of evidence in Florida generally limit the use of prior convictions to those within the past ten years, and they must be relevant to the current case or involve dishonesty.
For example, a twenty-year-old conviction for disorderly conduct probably won’t come up in your current drug possession case, but a five-year-old conviction for perjury or assault or a DUI might.
This brings up another essential point about potential legal strategy.
Sometimes, knowing that prior convictions could come up at trial might affect whether your attorney might want you to testify at all.
Here is another example. A client who was arrested for assault had a strong self-defense claim, but also had prior convictions for violent offenses. A good defense lawyer will have to carefully weigh the benefit of the client telling their side of the story against the damage those prior convictions might do to their credibility.
Here’s something many people don’t realize – prior convictions can also impact plea negotiations.
Prosecutors often look at your criminal history when deciding what plea deal to offer. A first-time offender might get offered a diversion program for a minor theft charge, while someone with prior theft convictions might only be offered jail time for the same offense.
But it’s not all doom and gloom.
A skilled defense attorney can often file motions to exclude evidence of prior convictions if they’re too old or irrelevant to the current case. We can also negotiate with prosecutors to minimize the impact of your record.
Sometimes, we can even use your history positively – showing how you’ve changed, completed treatment programs, or maintained employment since your previous convictions.
A good example would be someone who, despite having prior drug convictions, the defense team successfully argued that his recent five years of sobriety and community work should be considered more relevant than his past mistakes. The judge agreed, and the client received a significantly reduced sentence.
The bottom line?
Prior convictions matter, but they’re just one piece of the puzzle. What’s most important is being upfront with your attorney about your history so we can develop the most effective strategy for your case.
Whether it’s fighting to keep old convictions out of evidence, negotiating a fair plea deal, or presenting a compelling story of rehabilitation, there are always options available.
Just remember – every case is unique, and the impact of prior convictions can vary dramatically depending on the circumstances. The key is working with an attorney who understands how to navigate these waters and can help you achieve the best possible outcome, regardless of your past.
Have Prior Convictions? Don’t Wait to Hire a Criminal Defense Attorney in West Palm Beach
The bottom line is this: if you’ve been charged with a crime or are under investigation, the best time to hire a criminal defense attorney is immediately.
The earlier you have professional legal representation, the better your chances of avoiding critical mistakes, protecting your rights, and achieving the best possible outcome for your case.
Remember – arrests are common in Florida, the legal consequences are serious, and having a knowledgeable criminal defense lawyer is essential to protect your rights and achieve the best possible outcome.
If you were charged with a serious crime in West Palm Beach or anywhere in the state of Florida, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here.
The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.