Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

 

Learn the Specific Ways a Criminal Background Can Affect Your Current Criminal Charges

When a person is charged with a crime, there are numerous factors that go into the specific charge. When they are convicted of a crime, there are many factors that are part of the sentencing. In both situations, a criminal background can affect the decisions judges and prosecutors make. Get the facts by continuing to read, then contact Law Office of Michael L. Fell at (949) 585-9055 if you require a free legal consultation.

A Criminal History Can Cause Wobbler Offenses to Be Charged as Felonies

A wobbler offense is one in which the prosecution can decide if you should be charged with a misdemeanor or felony. For example, many theft crimes are wobblers and can be charged as felonies or misdemeanors. The prosecutor will consider the seriousness of the crime and your criminal background when deciding how to charge the case.

You Could Be Charged Due to Your Criminal History

Sometimes prosecutors are on the fence about whether or not they want to file charges at all. As is true of deciding between a misdemeanor and a felony, the prosecutor is going to consider many factors. One of them could be your criminal history. If you have never been in trouble before, then they are more likely to let you off with a “warning” rather than filing formal charges.

What Happens if You Are Facing an Open Case When You Are Charged with a New Crime?

In some cases, a person might have a pending criminal charge when they are arrested for a new offense. This pending charge could have a significant impact on whether or not you get bail. It can also be used as leverage for the prosecutor on the old case as they work to get a guilty plea on the more serious charge in exchange for reducing or dismissing the less serious charge.

Likewise, they could negotiate to have you face concurrent sentences instead of consecutive. This means that if you plead guilty to both crimes, they will allow you to serve time for both of them at the same time. If you instead had to do so consecutively, then only when you served all the time for your first offense would you start “earning” time for your second offense. Note that this all only applies if the two cases are in the same jurisdiction.

Call Now to Talk to a Criminal Defense Attorney

All of the above serves as a good example of why expungements can be so important. If you have a criminal background and have served your time, contact Law Office of Michael L. Fell now at (949) 585-9055 to request a free legal consultation.