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What is the Impact of a Prior Conviction on Your Current Case?
A prior conviction can affect charging, sentencing, and what evidence may be admitted in a new case. It does not relieve the State of its obligation to prove the new charge beyond a reasonable doubt.
Before Trial
Some statutes increase the degree of an offense or potential sentence based on qualifying prior convictions. The particular statute, prior offense, disposition, and timing matter. A new allegation can also lead to probation proceedings, but an arrest alone does not automatically prove a violation or require revocation.
Ordinary Florida sealing or expunction does not routinely erase convictions. Eligibility and access depend on the statutory route. Sealed or expunged records may remain available for specified criminal-justice purposes, and neither remedy guarantees removal of every privately held copy.
Other Acts and Character Evidence
In Florida state court, section 90.404 generally bars other-act evidence offered solely to show bad character or propensity. It may be admissible for another relevant purpose, such as identity, intent, or absence of mistake, subject to the governing evidentiary safeguards.
The rule has important exceptions. The statute separately addresses other acts of child molestation and sexual offenses in specified prosecutions. Admissibility is not automatic: the court must consider the applicable requirements, relevance, unfair prejudice, and any required notice or instructions. A similar allegation by itself does not establish that it belongs before the jury.
If the Defendant Testifies
Section 90.610 permits credibility impeachment using qualifying felony convictions or convictions involving dishonesty or false statements, subject to its limits. Taking the stand does not give the prosecutor unrestricted permission to recount every detail of a criminal record. Counsel should evaluate the permitted questions before deciding whether to testify. Federal court uses its own evidence rules.
What Do I Do if I am Facing a Criminal Charge and I Have a Prior Conviction?
If you have a prior conviction and are facing a new criminal charge, the stakes are very high. You need experienced and aggressive legal defense. The criminal defense attorneys at Valiente Law believe that everyone is innocent until proven guilty, and will fight hard to ensure you are defended to the fullest extent possible. Contact Valiente Law today to discuss your options.
Posted in: Criminal