The Law Office of Brian J. Mirandola

CALL FOR A FREE CONSULTATION

47 DuPage Court, Elgin, IL 60120

847-488-0889

How Do Prior Convictions Impact an Illinois Criminal Defense Case?

 Posted on December 04, 2024 in Criminal Defense

Elgin, IL Criminal AttorneyA past criminal record can weigh heavily on someone charged with a crime in Illinois. Prior convictions can have a big impact on a current criminal case. Understanding how is crucial for anyone facing legal trouble in Illinois. An experienced Elgin, IL criminal defense lawyer can explain how your previous convictions might impact your case and what options you have.

What Are Prior Convictions?

Anytime someone was found guilty of a crime in the past, they have a prior conviction. That can include serious felonies, misdemeanors, or even simple traffic violations. Illinois law allows prosecutors to bring up past convictions during a new criminal case, regardless of whether they are relevant to the case or how severe they were, and this can affect how the case is handled.

Impact of Prior Convictions on Sentencing

Judges sometimes give a more severe sentence to a defendant with a history of breaking the law because Illinois law allows for something called "sentencing enhancements" based on prior convictions. A criminal history might make a defendant subject to harsher punishments for a crime than they otherwise would be. 

Someone charged with theft who has a prior theft conviction on his or her record could be punished with larger fines or a longer prison sentence. This is especially true when a defendant has been convicted of serious crimes, including robbery or drug offenses.

Impact of Prior Convictions on Plea Bargaining

Sometimes a defendant is offered the chance to plead guilty to a lesser charge in exchange for a reduced sentence or other benefits. When that happens, the prosecution and defense enter a plea bargain. However, prior convictions can make it harder to get a good plea deal. 

Prosecutors can be less willing to offer a reduced sentence to a defendant with a history of criminal behavior. They might argue that the defendant has not learned from past mistakes and is likely to repeat them.

Impact of Prior Convictions on Bail and Bond Arrangements

A person arrested in Illinois might have to appear in court for a bond hearing to decide if he or she can be released temporarily while awaiting trial. Judges consider the severity of the new charges, the probability that the defendant will flee, and whether the defendant is a danger to the community. 

Prior convictions may convince a judge that the defendant should stay in jail while waiting for trial because criminal history can make it seem more likely that the person will commit another crime if released on bond. Those with prior convictions may be denied bond when other defendants would be granted it, or face a higher bond amount than they might otherwise.

The Importance of a Strong Defense for Defendants with Prior Convictions

If you have prior convictions, that does not automatically mean that you will be convicted again or face a harsh sentence. Each case can be considered based on the evidence and circumstances of that case. A skilled defense attorney can challenge the prosecution’s use of your criminal record and argue for a lighter sentence. 

A lawyer can also highlight any positive changes in your life since the prior conviction, such as rehabilitation, successful completion of a treatment program, employment, or contribution to your community to demonstrate that you deserve a second chance.

Schedule a Free Consultation with a Kane County, IL Criminal Defense Lawyer

If you are concerned that prior convictions can lead to harsher treatment in a new case, speak with an experienced Aurora, IL criminal defense attorney to understand your options. As a former Assistant State’s Attorney, Mr. Mirandola can approach cases with an understanding of the perspectives on both sides of the courtroom. The prosecution can try to use your past against you, but The Law Office of Brian J. Mirandola will build a strong case to protect your rights. Call 847-488-0889 to schedule a free consultation. 

Share this post:
Avvo Illinois State Bar Association Kane COunty Bar Association
Back to Top