When confronted with criminal charges, the situation can be incredibly overwhelming, as a conviction can significantly impact your future. If you have been convicted of a crime in the past, you are likely wondering how this will affect the outcome of your current case. Many are unaware of how past convictions can impact sentencing for new crimes. Please continue reading to learn if prior convictions can be held against you in court and how a seasoned Rockland County Criminal Defense Attorney can help you combat your criminal charges.
Can Prior Convictions Be Used Against You in Court?
Generally, the prosecution cannot use your criminal record against you at trial. However, if you choose to testify, the prosecution may be able to present your criminal record to argue to the jury that you should not be believed because you have previously placed yourself above the law by committing crimes. If a defendant doesn’t testify, the jury will usually not hear evidence of prior criminal convictions.
How Can Previous Convictions Affect Sentencing for My Current Charges?
Once a defendant pleads guilty or has been convicted of a crime, the judge must determine an appropriate sentence. Criminal sentencing can range from possible probation and community service to years behind bars and steep monetary fines. It’s important to understand that a defendant’s criminal record can have a profound impact on sentencing if they are accused of a subsequent crime. Repeat offenders will often face harsher penalties than someone who has been charged with a crime for the first time. Judges have the discretion to consider evidence of prior convictions when deciding whether to enhance a defendant’s sentence. For instance, when it comes to cases involving a DUI, a prior conviction must be considered.
If you are facing charges for a first-offense DUI, you may be subject to possible jail time of up to one year, possible fines ranging from $500-$1,000, a revoked license for at least six months, and potential enrollment in the New York Impaired Driver Program (IDP) and applicable costs. However, if you have had a previous DUI conviction within the last 10 years, the consequences of a second offense DUI in New York State will be enhanced as you are now considered a repeated or habitual offender. This will result in harsher penalties including potential jail time of up to 4 years, a $1,000-$5,000 fine, a revoked driver’s license for at least one year, and possible enrollment in the IDP.
As you can see, past convictions can compromise the outcome of your current case. If you are facing criminal charges in New York, please don’t hesitate to contact an attorney from the Law Office of Carl Spector, who can help protect your rights and interests. Connect with our firm today to learn how can help you fight for the best possible outcome for your case.
