Prior Convictions Used As Evidence
Can a prior conviction be used against you? The answer is it depends. Judges routinely permit the introduction of this highly prejudicial information, despite its tendency to result in wrongful convictions.
Can a prior conviction be used against you in a criminal case?
In the case of United States v Carter decided in March 2015, the United States District Court held that a prior conviction for distributing the drug suboxone was not probative of an intent to manufacture methamphetamine and could not be used to discredit Mr. Carter. The prosecutor intended to show that Mr. Carter previously distributed drugs, so he is likely guilty of manufacturing meth. The court decided that the prior conviction was an entirely unrelated thing and was not admissible. The Court of Appeals reversed Mr. Carter’s conviction.
The federal and Michigan Courts have an evidence rule (404B) that allows for the use of prior convictions against a defendant under certain circumstances to challenge the defendant’s credibility. Interpreting this evidence rule can give the “average” attorney nightmares. Because judges are so eager to help prosecutors with the admission of evidence, you should NEVER use an “average” attorney when your freedom is at stake. Finding the right lawyer is not like finding the cheapest pair of shoes. “You get what you pay for” is never more true when hiring an attorney. You want an experienced, highly respected, prepared, aggressive, and passionate attorney.
Michigan criminal defense attorneys who are not afraid to win.
Can a prior conviction be used against you? If the attorneys at LEWIS & DICKSTEIN, P.L.L.C. have anything to say about it, the answer is NO!! LEWIS & DICKSTEIN, P.L.L.C. takes great pride in fighting for our clients and protecting them from governmental abuses. The prosecutors and police will pull out all the stops and tricks to charge you with a crime and convict you. The government will aggressively prosecute and seek punishment, so you need a savvy, experienced, poised, and passionate advocate fighting for you in your corner. Police and prosecutors respect the attorneys of LEWIS & DICKSTEIN, P.L.L.C. However, they do not enjoy seeing our attorneys on the other side of the courtroom against them.
Our attorneys come prepared and come to win. If you have any questions or are facing criminal charges, call LEWIS & DICKSTEIN, P.L.L.C. We will take the time to talk with you, answer your questions, and address each of your concerns.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
