How Prior Convictions Affect New Miami Charges

How Prior Convictions Affect New Miami Charges

If you have previously been convicted of a crime and are now facing new charges in Miami, your prior record can definitely have an impact. Here’s an overview of some of the key ways a prior conviction can affect a new criminal case in Miami and Florida more broadly:

Determining Prior Convictions

When you get arrested for a new charge, the police and prosecutors will quickly find out about any prior convictions you have. This information comes from criminal record databases that include arrests and convictions from across Florida and other states. So even old convictions or ones from out-of-state can show up and be factored in.

Prosecutors definitely take prior records into account when deciding how to handle a new case. They may be more likely to file charges, reject plea bargains, and seek maximum penalties if you have a record of similar offenses. Unfortunately this happens before you ever get your day in court, which can undermine due process.

Harsher Penalties

Judges are often required to impose tougher sentences if a defendant has prior convictions. This is especially true for repeat offenses like DUIs or acts of violence. Some examples:

• A 3rd DUI conviction becomes a felony in Florida, with up to 12 months in jail versus just $1,000 fine for a 1st offense.
• Violent crimes like robbery or assault carry mandatory minimum sentences under Florida’s “three strikes” laws for repeat offenders.
• While judges have some discretion, prior offenses generally mean prosecutors will push for the harshest penalties possible.

The timing and nature of the prior conviction matters too. Older convictions from long ago or juvenile offenses may carry less weight. But recent convictions for similar crimes are viewed much more harshly.

Admissibility of Prior Convictions

Not only do priors affect sentencing, they can impact convictions too. Under the Williams Rule in Florida, judges can allow prosecutors to introduce evidence of prior similar convictions at trial. The logic is that it shows motive, intent, and absence of mistake.

But defense lawyers argue this unfairly prejudices the jury. Just because someone committed a similar crime before doesn’t mean they did it again. There’s supposed to be a very careful analysis of how truly similar the prior conviction is to the current charges.

In reality though, once a jury hears about a defendant’s criminal record, it can be almost impossible to overcome that bias. So for defendants with a prior record, avoiding trial and pleading to a lesser charge may be the best option.

Impact on Bail and Pretrial Release

Whether or not you get released pending trial can also be influenced by prior convictions. Prosecutors often argue defendants with a record of repeat offenses should be denied bail entirely or face very high bail amounts. They claim it shows you are a flight risk or danger to the community.

While judges are supposed to weigh bail decisions impartially, a prior record can unfortunately create bias. Miami defense lawyers have an uphill battle getting reasonable bail set for clients with a criminal history.

Avoiding Collateral Consequences

Beyond the direct penalties of a conviction, prior records can worsen the indirect collateral consequences as well. For example:

• It can be almost impossible to find a job with multiple prior convictions
• You may be barred from certain professions requiring licenses/certifications
• Housing assistance programs may reject applicants with a record
• Prior violent crimes increase chances of losing custody of children

That’s why avoiding conviction altogether is so important for defendants with prior records. Pleading to reduced charges or getting enrolled in diversion programs is often the best way to minimize damage to your future prospects.

Expungement and Sealing Records

Typically in Florida you cannot get prior convictions expunged or sealed if you have any other conviction on your record. Only first-time offenders are eligible. That’s why avoiding conviction now is critical for eventually putting your past behind you.

An exception is juvenile offenses committed more than 5 years ago. These may be able to be sealed even if you have adult convictions.

Federal vs State Law

It’s important to understand federal law treats prior convictions differently than Florida in some cases. For example, federal law does not recognize the difference between a withhold of adjudication vs conviction. Any plea of guilty enters your record for federal purposes.

That’s significant for consequences like immigration status or ability to own firearms. Work closely with your attorney to understand all potential impacts if your case may involve federal charges.

Getting an Experienced Defense Lawyer

Having a skilled defense lawyer is crucial if you have a prior record and are facing new charges. An experienced attorney will know all the potential impacts to your case and work relentlessly to minimize them.

They will scrutinize the prosecution’s evidence, negotiate aggressively with prosecutors, and build the strongest defense to avoid another damaging conviction. If convicted, they’ll advocate for alternatives to jail and minimize collateral damage.

Don’t leave your fate to an overworked public defender. Hire a seasoned private defense lawyer to protect your rights and future. It’s an investment that can pay off by avoiding years behind bars and a lifetime of closed doors due to an extensive rap sheet.

Every person deserves a second chance. With smart legal strategies and compassionate counsel, a prior record doesn’t have to define you forever. There are always options, even when it seems hopeless. Take the first step and contact a dedicated Miami criminal defense lawyer today.