As an experienced Chicago criminal defense attorney, I know that it takes a certain level of knowledge and experience to defend individuals who have prior criminal convictions. Prior convictions can affect the defense of a new criminal case in Illinois. The strategy for your case will involve using knowledge of Illinois laws that allow past convictions to be considered, guiding us on how to proceed.
Prior convictions can affect your current criminal case in Illinois in the following ways:
Sentencing Enhancements – Illinois law provides that prior convictions enhance punishment for new crimes. For instance, if a defendant has a previous violent crime conviction, any subsequent felony conviction may be sentenced more harshly under laws like the Illinois Unified Code of Corrections, 730 ILCS 5/5-5-3.2. This code enumerates factors that may be used to enhance a sentence, one of which is a defendant’s prior criminal history.
Witness Credibility – The most common application of the record of former conviction by a prosecutor in a trial is to impeach or tarnish witness credibility. Based on the best evidence rule under the Illinois Rules of Evidence, Rule 609 states that in attacking the credibility of a witness, proof that the witness has committed a crime necessarily requiring proof or admission of an act of dishonesty or false statement or a felony may be admitted.
Probation and Parole Sanction – When one is on probation or parole when the new crime is committed, a prior conviction can lead to a revocation hearing in which the court may enforce the previously suspended sentence, in addition to sentencing the defendant for the new crime.
Plea Bargaining – A history of convictions can affect your plea bargain options. Most prosecutors are very unwilling to extend a good plea bargain to second offenders, making the negotiations more complex and requiring a more assertive defense.
How to Defend Clients with Prior Convictions
A criminal defense that involves prior convictions has to be multi-faceted, whereby each and every aspect of your prior criminal history is considered, along with how that could affect your current charges. Some of the most important strategies include:
Mitigating Circumstances – Proof of reformation, change of circumstances, or time elapsed since the last offense can be presented to minimize the effects of prior convictions.
Excluding Evidence – Opposing the admissibility of evidence of previous convictions, particularly when this evidence would likely prejudice a jury from viewing the facts of the present case objectively.
Plea Bargaining – Using other aspects of the case to negotiate plea bargains that reduce the influence of previous convictions during sentencing.
Call Our Chicago Criminal Defense Attorney For Your Free Consultation
If you are facing new criminal charges and are concerned about how your past convictions may affect your case, it is important to take immediate action. Contact our Chicago criminal defense attorney at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our Chicago office is well-prepared to handle clients all over the city through the most difficult time of their criminal defense case with prior convictions. Let us help you work up a strong defense and strive for the best possible outcome in your case.