Can Prior Convictions for Similar Crimes Be Used Against You?

If you were charged with a crime and have prior convictions, your criminal record could affect the outcome of your new criminal case. Whether evidence of prior convictions is admissible depends on whether the evidence is being offered at trial or at sentencing and whether or not you choose to testify.

If you were charged with a crime and have prior convictions, the criminal defense lawyers at Douglas D. Terry & Associates can help. We can analyze your situation, protect your rights, and minimize the impact of your prior convictions on your current case.

Can Prior Convictions Be Used in Court?

The admissibility of prior convictions generally arises in one of two ways. The first is at trial, where evidence of prior convictions can be introduced for a purpose other than showing that the defendant acted in conformity with their prior bad acts. The second is at sentencing. The effect of your criminal record on your current case will depend on when and how your prior convictions are introduced.

Admissibility of Prior Convictions at Trial

Whenever a witness testifies at trial, their credibility is at issue. This is true whether the person testifying is the criminal defendant or someone called to testify as a witness. In any trial, the fact-finder (the judge or jury) must decide whether to believe the witness. In certain circumstances, courts will admit evidence of a witness’s prior convictions to help the fact-finder determine how trustworthy the witness is.

A prosecutor is generally prohibited from using evidence of a defendant’s prior convictions to prove the defendant’s guilt. In other words, the prosecutor cannot introduce evidence of a defendant’s prior convictions to argue that “because the defendant committed crimes in the past they must be guilty this time, too.”

However, there are instances when the prosecutor can admit evidence of prior convictions, but only if they are relevant to a particular issue in the current case. For example, evidence of a prior assault conviction generally would not be admissible. But suppose you were later charged with stalking the person who accused you of assault. In that case, the assault conviction would be admissible, not to prove that you are guilty of stalking, but to show you had motive to stalk the witness in the new case.

Evidence of Prior Convictions If the Defendant Testifies

A defendant’s prior convictions are generally only admissible if the defendant testifies. If the defendant does not testify, the jury usually will not hear evidence of prior criminal convictions.

If the defendant does choose to testify in their own trial, the prosecutor may be able to introduce evidence of prior convictions to show the defendant is dishonest. Convictions for crimes that involve dishonesty, like theft or fraud, are more likely to be admissible. Even so, in most cases, the prosecutor cannot introduce evidence of a prior conviction that is more than ten years old.

When inquiring about a person’s criminal record, prosecutors are limited to questions about actual convictions. They cannot ask questions about pending cases or arrests that did not result in a conviction.

A Balancing Test: Use to the Fact-Finder vs. Prejudice to the Defendant

When deciding whether to admit evidence of prior convictions, the judge must evaluate whether the evidence will help the fact-finder assess the defendant’s credibility versus its potential for causing undue prejudice to the defendant.

When deciding whether to admit evidence of prior conviction, the judge can consider:

• The type of crime
• Whether the crime shows the defendant’s propensity for not telling the truth
• How much time has passed since the conviction
• Whether the defendant spent time in prison
• The defendant’s age at the time of the conviction
• The importance of the defendant’s credibility in the current case
• Whether the defendant’s testimony in the current case is important (the defendant may refuse to testify if evidence of prior convictions is admitted)
• The defendant’s conduct since the conviction

Admissibility of Prior Convictions at Sentencing

The rules change once a defendant has pled guilty to a criminal charge. At sentencing, the judge can consider evidence of prior convictions, often to enhance the penalties. If a defendant previously committed the same offense, the judge will likely impose a more severe sentence. For crimes like domestic violence and drunk driving, state statutes mandate a harsher punishment for repeat offenders.

Contact Douglas D. Terry & Associates for Aggressive Criminal Defense

If you were charged with a crime and have prior convictions, you should work with an experienced criminal defense lawyer to develop a strategy to address your criminal record and minimize its effect on your current case. If you have prior convictions, it is always better to disclose them to your lawyer as soon as possible. Conversations with your lawyer are confidential, and knowing your criminal history will allow your lawyer to prepare a defense that accounts for your prior convictions.

The rules of evidence are complicated, and an experienced criminal defense lawyer can reduce the impact of any prior convictions on your criminal case. Douglas D. Terry & Associates has been defending people accused of crimes for more than 40 years. With offices in St. George and Cedar City, we proudly represent people throughout southern Utah. To schedule a consultation, call (435) 628-4411, send an email to email@SouthernUtahDefense.com, or submit our online form to contact our law firm today.