If you have a prior conviction, it is crucial to understand its impact as you navigate any new legal proceedings. Knowing what to expect can help you prepare for the challenges ahead and make more informed decisions about your legal strategy.
In this guide by Lizzy Bunker, Attorney at Law, we’ll look at whether prior convictions can be used in court, how they could influence both criminal and civil cases, and how to mitigate negative influences. But remember that you don’t have to face new legal cases alone: be sure to have an expert legal team by your side to navigate the steps ahead with confidence.
Can Prior Convictions Be Used In Court? What to Know For Future Cases
Generally, prior convictions can influence new or future legal proceedings—in New Mexico and other states alike. This is because the court will take into account your criminal history, alongside many other factors to ensure that judgements are fair. This means that a prior conviction can impact sentencing and overall case outcomes.
Typically, prior convictions are used by the plaintiff or prosecutor against the defendant to:
- Increasing Sentences: If the defendant has been convicted before, a new offense may result in more severe penalties. Courts often see prior convictions as a pattern, and increased length or severity of sentences can help break it.
- Undermining Credibility: Prior convictions can be presented in court to question your credibility or character. This means that your past can be used to suggest whether you are a trustworthy or responsible individual.
- Deciding Bail: Judges may look at the defendant’s criminal history when setting bail conditions, especially when deciding whether it is safe for an individual to be released on bail. If you have prior convictions, it could affect whether bail is granted or the amount set, as it could be seen as a higher risk of re-offending.
- Setting Conditions for Probation: Your probation terms could be stricter if you have prior convictions.
New Mexico Laws Impacting Habitual Offenders
Habitual offenders are individuals who have committed multiple felony offenses over time. New Mexico has specific laws that impose stricter penalties on these repeat offenders to deter further criminal activity. Here’s an overview:
- Habitual Offenders Act: This law defines how new sentences for habitual offenders should be modified. While the New Mexico legal system does not involve extending past punishments, a prior felony can add time to new sentences—one prior can add one year, two priors add four years, and three or more can add eight years.
- Three Strikes Law: The “Three Strikes” law gives tougher sentences to people convicted of three serious crimes. Often, it means a life sentence on the third conviction.
- Megan’s Law: This focuses on sex offenders. While not directly about habitual offenses, this regulation mandates that convicted sexual offenders register with law enforcement authorities, providing details like their address and employment. This registration helps track their movements and reduces the risk of repeat offenses
Types of Prior Convictions and Their Implications
Above we’ve seen that having past convictions in your criminal history can influence new cases. However, not all previous convictions are considered equal. For example, being convicted for a minor misdemeanour unrelated to the current court case many years ago isn’t likely to impact your sentence. However, different convictions can have different impacts:
- Misdemeanors vs Felonies: Misdemeanors are considered less severe crimes, like minor theft, and are typically punishable by a fine or less than a year in jail. On the other hand, felonies are more serious crimes that can result in longer prison sentences, such as robbery or assault, and can have more significant long-term consequences.
- Violent vs. Non-Violent Crimes: Violent crimes involve actions that cause physical harm to others, like assault or battery. These offenses are often viewed more harshly due to the risk they pose to public safety. Non-violent crimes, such as fraud or burglary, may still come with significant legal penalties, depending on their severity.
- Expunged vs. Sealed Convictions: Expungement means a conviction is legally removed from your record, giving you a clean slate. Sealed convictions remain in your records but are hidden from standard background checks, and they only become visible in certain legal situations. While the former may not impact new sentences, the latter could.
It is also important to note that prior convictions can heavily influence civil case outcomes. For instance:
- Child Custody and Family Law Cases: Courts may account for prior convictions during custody disputes to assess whether a person is fit to be a caregiver. This can potentially impact custody or visitation arrangements.
- Effect on Civil Lawsuits Related to Character: In civil cases where character is questioned—such as defamation cases—prior convictions can be used to undermine the credibility or integrity of the defendant.
Strategies to Mitigate the Impact of Prior Convictions
If you have a conviction on your record, it is important to not ignore this element and create a legal strategy that takes it into account. A few key ways to better manage the legal landscape ahead include:
- Seeking Guidance from an Experienced Attorney: Working with a knowledgeable attorney is vital. They will provide personalized advice to ensure your rights are protected and you are properly represented in court. Be sure to be honest and disclose important details of past conviction: this is necessary for a well-rounded legal strategy.
- Crafting a Defense Strategy: Developing a strong defense strategy is crucial. It can help you navigate future cases by keeping into account past convictions. A well-rounded strategy will also aim to demonstrate personal growth or rehabilitation since the conviction. These efforts can positively influence perceptions and increase your chances of a favorable outcome.
- Emphasizing Honest and Open Communication: Being honest and open about past convictions is crucial in legal situations. This is important to avoid surprises during a court proceedings and prepare for challenges that may arise, such as undermined credibility. For example, if your lawyer knows that a previous condition can make you appeal less trustworthy, they’ll be able to build a body of evidence to prove otherwise.
- Pursuing a Pardon: You may also work with your lawyer to attempt to have your conviction expunged or obtain a pardon. These legal actions can remove the conviction from your record, allowing you to navigate future proceedings with greater peace of mind.
Consult Lizzy Bunker for Expert Legal Guidance
Facing legal issues while dealing with prior convictions can be challenging, but you don’t have to face them alone.
An experienced attorney like Lizzy Bunker can guide you through the challenges of the legal system to help protect your rights. Get in touch with Lizzy Bunker, Attorney at Law, at 505.464.4844 for a free consultation today.
