Is it so surprising that most people have some type of criminal past? Now for operating a vehicle while intoxicated, While others have experienced allegations of fraud or criminal business activity. The trouble with having past allegations is that they could potentially impact your current case. It’s not just that you’re dealing with one nightmare, you’re dealing with a nightmare or while also facing the repercussions of something that you thought you’d moved past.
The primary question that most people have is whether or not past allegations or past convictions could come up in their current court case. With criminal activity, even pertaining to business law, it’s very likely that you’re going to go to court or accept a plea deal. For most people, accepting a plea deal is not ideal and is best avoided because it often involves admitting some type of wrongdoing. Contact our Connecticut criminal lawyers for help today.
Allegations that Resulted in an Innocent Verdict
If you previously faced allegations that resulted in an innocent verdict, then you should have no problem keeping that information in the past. Now the prosecutor might bring it up, but it would be too easy for your defense attorney to acknowledge that you were found innocent. Additionally, it wouldn’t be advantageous for the prosecutor to bring up allegations in the past that resulted in an innocent verdict or a release of the case.
However, there is the chance that past allegations could be brought up as relevant to character evidence. This is seen more often now than it was in years previously as we move through this wave of cancel culture. Business professionals and public figures especially are facing scrutiny for past allegations, whether they were innocent or guilty. On the public front of the allegation is enough to deliver suspicion of a person’s character.
How Past Convictions that Might Impact Your Case
Past convictions are not often admissible unless they’re directly tied to the act, behavior, or character. Even then, tying a past conviction to a particular act is nearly impossible, to behavior is difficult, and to character may be troublesome.
If there’s any matter of past convictions becoming relevant in the current case, it will become relevant during the sentencing period. The issue is that prosecutors should not present evidence that relies on a past conviction to prove guilt in the current situation. Typically criminal acts are seen as separate if they happen at different points in time.
For example, if you were previously convicted for a charge relating to misconduct in relation to real estate dealings, that should not impact a current case relating to an embezzlement charge. However, if the case doesn’t work out in your favor, then during the sentencing hearing, the prosecution may use this past criminal behavior to establish a pattern and persuade the judge to assume that your rehabilitation would not be a success.
Can Prosecutors Use a Criminal History as “Character” Evidence?
Character evidence is a touchy subject. There is no way to prove that any person is inclined to commit fraud, embezzle, or inappropriately conduct business based on past criminal activity. However, it’s widely accepted that past behavior is an indicator of future behavior. So is past behavior admissible as character evidence to prove or disprove guilt? The answer is no.
Character evidence is not permitted to prove that any particular instance or act is tied directly to a trait or past behavior. However, many prosecutors will rely on character evidence to provide reasonable notice of a person’s general nature. They will do this when there is overwhelming evidence of criminal involvement. That’s to say that they’re not looking at one or two loan criminal actions in your past, but an overwhelming amount of past and possibly ongoing criminal activity.
Find Help at Aeton Partners
You should not have to fear past allegations as much as people might pressure you too. For most people, past allegations are just that, allegations. Now, if you have a past conviction and it’s relevant to the case that you’re experiencing now, that may be a bigger challenge. When talking with your Connecticut criminal law attorney, ensure that you inform them of all past criminal allegations and convictions.
At Aeton Partners, we help business professionals who are facing charges of criminal conduct explore all of their legal options. If you were worried about a past allegation from your younger years coming to haunt you now, you might not have so much cause to stress. However, if you do have a history of convictions relating to your current charges, then you may need additional legal help. Contact us, and we’ll help explain exactly what you should expect and prepare for in your upcoming case.