Can my criminal history in ine state be used against me in another?
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Can my criminal history in ine state be used against me in another?
Asked on March 5, 2013 under Criminal Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Your criminal record in one state can be used against you in another.
Whether or not it is admissible evidence against you at trial will be determined by the judge. The judge will consider factors such as the prejudicial effect on the jury, relevance to the current charges at trial, proximity in time, etc. For example, if your record involves a minor offense in the distant past, the judge might conclude that the prejudicial effect on the jury outweighs the probative value and deem it inadmissible. If it something recent and relevant to the current charges, the judge might rule that it is admissible evidence. Another factor in determining whether or not your prior record is admissible at trial is how the issue arises. For example, if your defense attorney raises the issue of good conduct on your part, then the prosecutor can refute that with evidence of your criminal record because the defense opened the door by raising the issue.
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