How Prior Convictions Can Affect Your Current Criminal Case
Facing criminal charges is a stressful experience, but if you have prior convictions on your record, the stakes can feel even higher. In Pennsylvania, prior convictions can have a significant impact on how your current case is handled and the potential consequences you may face. Understanding how your past may influence your future is critical to building a strong defense.
As a seasoned Pittsburgh criminal defense attorney, I’ve helped clients navigate the complexities of prior convictions and how they affect new charges. Here’s what you need to know.
How Prior Convictions Are Considered in Criminal Cases
1. Sentencing Enhancements
One of the most direct ways prior convictions can affect your current case is through sentencing enhancements. Pennsylvania’s sentencing guidelines take into account your prior record when determining the severity of your punishment. Generally, the more serious or numerous your past convictions, the harsher the penalties you may face for a new offense.
For example, in DUI cases, Pennsylvania law imposes progressively stricter penalties for repeat offenders. A first-time DUI offender might face probation and fines, while a second or third offense could result in mandatory jail time, longer license suspensions, and higher fines.
2. Habitual Offender Laws
Certain offenses may trigger habitual offender laws, which can lead to more severe penalties for individuals with multiple convictions. These laws are designed to impose harsher punishments on repeat offenders to deter future criminal behavior.
3. Impact on Plea Bargains
Prosecutors may view prior convictions as evidence of a pattern of behavior, making them less likely to offer lenient plea deals. Instead, they may push for tougher penalties or insist on conditions that wouldn’t apply to a first-time offender.
4. Influence on Bail Decisions
During bail hearings, judges often consider prior convictions when deciding whether to grant bail and at what amount. A history of failing to appear in court or committing similar offenses can lead to higher bail or even bail denial.
5. Credibility in Court
If your case goes to trial, prior convictions can sometimes be used to challenge your credibility as a witness. For instance, if you have a history of fraud or dishonesty-related offenses, the prosecution may argue that your testimony should be viewed skeptically.
Are All Prior Convictions Considered?
Not all prior convictions will automatically affect your current case. The type of offense, its severity, and how long ago it occurred can all play a role. Pennsylvania law also distinguishes between misdemeanor and felony convictions, with felonies typically carrying more weight.
Additionally, some prior convictions may be excluded from consideration, depending on the nature of the new charges and the specifics of your case. An experienced criminal defense attorney can argue to limit the impact of your prior record.
Strategies for Managing the Impact of Prior Convictions
1. Challenge the Use of Prior Convictions
Your attorney can argue that certain prior convictions should not be considered in your current case. For example, if the prior offense is unrelated to your current charges or occurred many years ago, it may be less relevant and potentially inadmissible.
2. Highlight Rehabilitation
If you’ve made significant efforts to turn your life around since your prior conviction—such as completing a treatment program, maintaining steady employment, or contributing to your community—your attorney can present this as evidence of your rehabilitation.
3. Negotiate for Alternative Sentencing
In some cases, your attorney can negotiate for alternative sentencing options, such as probation, house arrest, or participation in a treatment program, rather than incarceration. Demonstrating that you’re committed to addressing the underlying issues that led to your criminal behavior can be persuasive.
4. Build a Strong Defense
The best way to mitigate the impact of prior convictions is to focus on building a robust defense for your current case. This may involve challenging the evidence against you, questioning the legality of the arrest, or negotiating a favorable plea deal.
Why You Need an Experienced Attorney
Navigating the legal system with prior convictions on your record is complicated. Prosecutors often use prior offenses to paint a negative picture of defendants, and without strong legal representation, it’s easy to feel overwhelmed. An experienced attorney can:
- Analyze how your prior convictions may affect your case
- Develop strategies to minimize their impact
- Advocate aggressively on your behalf to secure the best possible outcome
Final Thoughts about Your Prior Record
While prior convictions can complicate your current criminal case, they don’t define your future. With the right legal strategy and representation, you can fight for a fair outcome that reflects your unique circumstances.
If you’re facing criminal charges in Pittsburgh and are concerned about how your prior convictions might affect your case, contact our office. I’ll provide the guidance and advocacy you need to protect your rights and pursue the best possible result. Your past doesn’t have to dictate your future—let’s work together to build a strong defense.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.