You face harsher penalties and additional prison time if you have prior convictions and are charged with another crime. If you take your case to trial, your criminal record could also be used against you.
A prior criminal conviction for a relatively minor offense that occurred a long time ago is less likely to affect the new criminal case. But if your conviction was more recent or involved a serious offense, your criminal record could affect the outcome of the new criminal case.
Someone with a criminal history who is facing new criminal charges could be labeled a “habitual offender” in Michigan and could face more serious penalties, including larger fines and a longer prison sentence if convicted. Your criminal record could also affect your case if you decide to go to trial.
If you have a criminal record and are facing new criminal charges, Elmen Legal can evaluate your situation, explain how your criminal record could affect your current case, and vigorously defend you against the criminal charges. Contact Elmen Legal today to schedule a confidential appointment to discuss your situation and how Michigan criminal defense attorney Robert Elmen can help.
Under Michigan’s repeat offender law, someone with a prior conviction for one or more felonies and is charged with a second or subsequent felony faces punishment as a “habitual offender.” In Michigan, habitual offender status is not a distinct criminal charge. But, it can affect the punishment for a second or subsequent felony you are accused of committing.
If you are labeled a habitual offender, your sentence could be increased by 25% to 100% based on the number and severity of prior felony convictions. A repeat offender in Michigan faces the following sentencing enhancements:
One flaw in Michigan’s habitual offender law is that it punishes repeat offenders based on the number of convictions rather than the number of incidents. For example, suppose you were involved in a single incident of criminal activity that resulted in multiple felony charges. You could be labeled a repeat offender based on the number of convictions on your criminal record rather than on the single incident of criminal activity.
Your criminal record could also affect your case if you go to trial. Prosecutors are generally prohibited from discussing a defendant’s criminal history in front of the jury. However, if you testify in your own defense, the prosecution could introduce your criminal record to impeach you.
There are three primary ways your criminal record could affect your case at trial.
Under the Michigan rules of evidence, “[e]vidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, scheme, plan, or system in doing an act, knowledge, identity, or absence of mistake or accident when the same is material, whether such other crimes, wrongs, or acts are contemporaneous with, or prior or subsequent to the conduct at issue in the case.”
The prosecutor can introduce evidence of prior bad acts if they are being introduced for a purpose other than showing the defendant acted in conformity with a character trait. For example, a prosecutor can introduce evidence of prior bad acts to show a defendant had a common plan, left the same “calling card” at a crime scene, or committed the crime for the same reason every time.
Witness credibility is an issue whenever someone testifies at trial. This is true whether the witness is the defendant or was called as a witness by the prosecution or the defense. The judge and jury must evaluate the witness’s credibility and decide whether and how much to believe the witness.
When a defendant testifies in their own defense, the prosecutor may be able to introduce evidence of prior bad acts to contradict the defendant’s testimony. For example, suppose a defendant testified they are a peaceful person. The prosecutor could then present evidence of prior convictions that contradict the defendant’s statement.
Certain convictions are admissible regardless of whether the defendant puts their character at issue. When a witness testifies, the prosecutor can attack the witness’s credibility by presenting evidence of:
Prosecutors generally cannot present evidence of convictions over ten years old, and they are limited to evidence of actual convictions as opposed to criminal charges that did not result in a finding of guilt.
Michigan’s habitual offender law and the rules of evidence are highly complex and can profoundly affect the outcome of your criminal case. If you have a criminal history, you should disclose it to your criminal defense lawyer as soon as possible. Conversations with your lawyer are confidential, and knowing your criminal history will allow your lawyer to prepare a defense that accounts for your prior convictions. An experienced criminal defense lawyer can explain the impact of a prior conviction and reduce the impact a prior conviction will have on your criminal case.
If you have a prior conviction and were charged with another crime, you need experienced, aggressive legal representation. Elmen Legal is committed to defending people accused of the most serious crimes and will fight against your being unfairly labeled as a habitual offender. Call (734) 707-8915 or contact Elmen Legal online to schedule an appointment to discuss your case and how Robert Elmen can help.
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