Some people don’t realize that there are not always definitive rules about how a defendant should be sentenced for a particular crime. A judge can weigh a variety of factors before coming to a final decision about how someone should be punished, and one thing that’s sure to make a difference is any past convictions someone has. If you are facing criminal charges and you have questions about how your record might affect the outcome of your case, a Bergen County criminal defense lawyer from our firm can help you learn more.
Will Past Convictions Affect My Sentence?
They are likely to. It’s not uncommon for someone to face more serious charges and the possibility of harsher sentences after they have already been convicted of a similar crime. Your past convictions can even affect your sentence if they were unrelated to the current charges. If you seem like a career criminal to the court, it is going to treat you that way.
The only time that past convictions may not weigh too heavily on your case is when those convictions happened a long time ago. If you have gone decades without being accused of committing another crime, it’s hard to make the case that you are a dangerous repeat offender. A lawyer can help you defend yourself, show that you have been rehabilitated, and argue that these recent charges are just due to a recent slipup or a mistake made on the part of the state.
How Else Can Past Convictions Complicate My Case?
Another issue is that your past convictions can make it harder to secure a plea bargain. The courts are busy and this means that it is in a prosecutor’s interest to offer defendants deals so that an entire trial is no longer a necessity.
The problem is that a prosecutor might not want to offer you a deal when you have past convictions. There are many potential reasons for this. The prosecutor could believe that the case against you is a slam dunk, partly due to your record. They could also be worried that offering a deal can make them look bad. In any case, you just tend to have less negotiating power when you have been convicted of crimes before.
Can I Clean Up My Record?
You can ask for an expungement if you have been through the criminal justice system before, but it can be difficult to expunge recent felony convictions. Charges that did not result in a conviction or past convictions from a decade or more ago are easier to deal with in this way. If you have recent convictions, this process is unlikely to help.
Talk to a Criminal Defense Lawyer
So if you are facing criminal charges, contact the Law Office of Boyd & Squitieri. Whether you have past convictions or a clean record, we’re ready to help you find the best way to defend yourself from any charges that have been leveled against you.
