Can you use prior convictions as evidence?

If you have been arrested and charged with a crime, you may wonder whether you can use prior convictions as evidence to improve the outcome of your case. Previous criminal convictions can be used as a defense strategy to discredit the credibility of the prosecution’s witness, or be used by the prosecution to discredit your credibility. To protect your rights and the outcome of your case, it is essential to hire a Lake Charles criminal defense attorney from The Johnson Firm to represent you. 

When prior convictions can be used as evidence in Louisiana

Prior convictions can be used as evidence during a trial when a witness’s credibility is at issue. The purpose of bringing up the criminal record of the witness or you as the defendant is to cause a judge or jury to have doubts about truthfulness and reliability. Because there are rules of evidence, a balancing test must be conducted to determine if the conviction is admissible in light of the case’s context. If a witness chooses to testify, it may increase the likelihood that existing evidence from a prior criminal case will be used against them. 

Rule 609 outlines the limitations for using previous convictions as evidence

When using a prior criminal conviction as evidence, specific rules govern the use of the information. According to the Louisiana Code of Evidence 609, a witness’s criminal history may be entered into evidence if they were convicted of a crime that resulted in more than a year in prison or a death sentence. Additionally, if the witness acted or spoke falsely, this can be used to cast doubt on their credibility.  

Limitations apply to when admission of prior convictions can be used. This may include situations such as:

• If a witness’ prior conviction is at least 10 years old, then it can only be used in a case if the crime is relevant to the current case, and the appropriate parties in the case receive advance written notice. 
• If the witness receives a pardon, Certificate of Rehabilitation, or annulment, then a prior conviction is not admissible if the witness has not committed further crimes or has been deemed innocent. 
• Juvenile convictions can be admissible in criminal cases if the witness is not the defendant, there is an applicable adult conviction, and there is sufficient evidence. 
• The witness has a pending appeal.

What information is considered admissible into evidence

Since prior convictions are only admissible to impeach a witness or the defendant’s credibility,  any approval to submit them into evidence must be limited. Only certain details about the crime are admissible. According to the Louisiana Code of Evidence  609.1, this includes the conviction, type of offense, date it occurred, and the sentence received based on the evidence of the defendant committing a crime. 

Details about crimes involving felony convictions, falsified information, and any other similar offenses may be considered admissible, as they relate to the individual’s credibility. This information allows all factors to be weighed before a decision is reached.

Prior convictions and their impact on sentencing

Prior convictions can also impact sentencing. When a judge issues a conviction, they must also issue the terms of a sentence. Louisiana judges follow the state’s sentencing guidelines to help them determine what sentence most fits the offense. Oftentimes, sentences increase if there is a prior conviction, especially for a similar crime. When this evidence is available in a case, a judge must take it into account, especially if there is a risk that the individual may commit the crime again. 

Mitigating and aggravating factors may also be considered alongside the defendant’s criminal history when a judge is determining the sentence. Mitigating factors provide contextual reasons that may reduce the severity of criminal charges and result in a lesser sentence. In contrast, aggravating factors increase the charges and sentence.

Because there is even more at stake with a prior conviction, it is crucial to hire an experienced criminal defense attorney who will fight to get your case or sentence reduced or dropped. They will also defend you and your rights through the legal process, especially if your credibility is being questioned or attacked. 

Entrust your defense to The Johnson Firm

If you are facing criminal charges and have prior convictions, it is essential to consult with The Johnson Firm immediately. Depending on the circumstances of your case and the type of crime, prior convictions can have a significant impact on the outcome of your case. 

Our team guides you through the legal system and protects your rights to protect you from unfair conviction and harsh sentencing. You can contact us online or call us at (337) 433-1414 to schedule a consultation and discuss your options.