Facing drug charges can be overwhelming, especially given that the legal consequences of a conviction can be life-altering. If you have prior related convictions, your sentencing can be more complex, as you will likely face enhanced penalties. New York courts are aggressive toward repeat offenders, as they intend to deter defendants and others from engaging in similar unlawful conduct in the future. Please continue reading to learn the impact prior convictions have on new drug charges and how our skilled Garden City, NY, Drug Crime Attorneys can help develop a defense strategy to achieve the most favorable outcome.
Can Previous Convictions Be Used Against You in Court?
If you have been charged with a drug crime and have a prior criminal conviction, the outcome of your current case can be impacted in various ways by your previous conviction. Before a judge will allow evidence of prior convictions in current drug charges to be used against you, they must evaluate the purpose of the evidence. In other words, they can’t introduce prior convictions as evidence to argue that the person has been convicted of a crime before, so they must be guilty this time, too. Generally, the prosecution is prohibited from using prior convictions over ten years old.
What is the Impact of Prior Convictions on New Drug Charges?
New York courts consider an individual’s criminal history when determining the appropriate punishment for current drug charges. Therefore, if you have been convicted of drug-related offenses in the past, you will be punished more harshly. A judge will impose a more severe sentence on repeat offenders than first-time offenders for the same crime.
When an individual faces criminal charges, a judge will consider the unique factors of the case to determine whether to issue bail and the amount to set. A prior criminal history can result in higher bail amounts or even a denial of bail. Prior convictions indicate that a defendant has a higher risk of failing to appear in court after they are temporarily released or commit a further offense. If you are denied bail or set at an astronomical amount, it can hinder your ability to prepare your defense, as you will be stuck behind bars. If true, you need an experienced attorney to fight for your rights at the bail hearing.
In addition, past drug convictions can affect probation and parole decisions. A judge has the discretion to impose stricter probation conditions or deny parole. When an individual has multiple drug convictions, it signifies that you are a habitual offender. This will urge them to subject you to enhanced penalties and mandatory minimum sentences as a form of deterrence.
At KCS Law, we understand how complex drug charges and the potential consequences can be. If you are facing drug charges and have prior convictions, please don’t hesitate to contact our experienced attorneys, who will tailor a defense strategy to mitigate the impact of your criminal history while advocating for a fair outcome.
