It’s no surprise that people with a criminal history are often in a worse position when it comes to new charges than those without a criminal record. Unfortunately, your criminal history can significantly impact the progression and outcome of your case.
While we’d like to think that past convictions are in the past, that’s not necessarily true in criminal court. Here are some of the ways in which your criminal history might impact your current case.
How Long Does a Conviction Stay on Your Criminal Record?
Many criminal convictions stay on your record until you file for expungement (some, like certain traffic offenses, are expunged automatically). An expungement of your record in Maryland is possible in most cases, but there are waiting periods and other factors that can influence the specifics. Contact a lawyer for help with this process.
Less Likely To Get Pretrial Release
A criminal history can affect you from the beginning of the case. If you were arrested, you are less likely to be granted a bond. That’s because the judge will consider your past criminal history when deciding whether you are a danger to yourself or others.
If the judge sees a pattern of criminal history, particularly of the same type of charge, they may hesitate to grant you a bond.
More Serious Charges
Another way that your criminal history can affect your cause is by increasing the severity of your charges.
Some types of cases like DUIs, theft charges, and some violent felonies are more serious if you have a prior record. It could increase the charges from a misdemeanor to a felony, for example. More serious charges also open you up to more serious penalties.
Furthermore, the prosecutor has a powerful role and will make the charging decision in your case. This means that the prosecutor decides what to charge you with. If you have a prior criminal record, the prosecutor may decide to charge you with more serious crimes, or more charges, than if you had no record. They may be harsh when they otherwise would be lenient.
Evidence Against You at Trial
A criminal record can also haunt you during trial. Some criminal convictions can be used as evidence against you in court. This may be highly damaging and prejudicial to your case. If a jury learns that you have a prior record, they may be more likely to convict you than if they didn’t know at all.
Generally, convictions are only admissible for certain purposes, such as impeachment. If the judge determines that the evidentiary value of the conviction is outweighed by the danger of unfair prejudice, they could not allow it to be admitted. This is an issue that could potentially be litigated during pretrial motions.
Less Favorable Plea Offers
Many criminal cases end in a plea deal. Usually, this includes pleading guilty to a lesser charge or for a lenient sentence. Whether or not you are offered a plea deal is highly dependent on the prosecutor. Additionally, the terms of the plea deal are also dependent on the prosecutor.
If you have a prior criminal history, particularly a serious one, a prosecutor may be less likely to offer you a plea deal. Furthermore, if they do offer you a plea, the terms may not be as favorable as if you have no record.
Stricter Punishments
The most common way that a criminal history affects a person is at sentencing. If you are convicted of the current charge, you will most likely receive an enhanced sentence. This could look like:
- Longer prison sentence
- Increased fines
- More conditions while on probation
- Longer probationary period
- Mandatory substance abuse or treatment
Furthermore, Maryland has a three-strikes law for violent offenders. If you are convicted of a fourth violent felony, you will face life in prison without parole.
Collateral Consequences
Many people with a criminal history also experience collateral consequences long after their current case is resolved. These consequences can follow someone for the rest of their lives.
The most common collateral consequences are:
- Decreased job prospects
- Social isolation
- Difficulty finding housing
- Ineligibility for certain loans or government benefits
- Immigration consequences
- Restrictions in movement
It is usually the case that the more criminal history you have, the more negative consequences you could face outside of court.
Contact an Experienced Maryland Criminal Defense Attorney Today
The best way to mitigate the consequences of your criminal record is to talk with an attorney. They can protect you from a damaging criminal history during your current case, and help you request expungement if you are eligible. Contact a criminal defense lawyer in Maryland today to schedule a free consultation.