Can a district attorney use a person's prior criminal history in a new case?
Yes. The DA will consider the person's record in deciding whether to make a plea offer. In addition, there are limited situations where the past cases can be used in the new case.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
It depends. A person's prior record will always be considered by the District Attorney when deciding what to do with a case. In addition, a person's prior record can be used by the District Attorney at trial in certain limited circumstances as proof that the person committed the offense. Finally, in certain situations the District Attorney can ask a defendant who takes the stand about their criminal record in an attempt to discredit them. These last two circumstances, however, are regulated by the court which can limit the use of the criminal record by the District Attorney or prevent the DA from using it against the defendant altogether.
Mr. Tormey is a former prosecutor in the Manhattan D.A.'s office and a Bureau Chief of the Special Investigations Bureau of the Special Narcotics Prosecutor's Office. He has been handling all types of criminal cases and personal injury cases for over 26 years. Any answers to questions are for general informational purposes only and do not establish an attorney-client relationship,
They can and will use the history in deciding on a plea offer. They may be able to use it as evidence in the new case, depending on the circumstances.
Mr. Reibstein is a former New York City prosecutor and second-generation criminal lawyer who handles all types of personal injury and criminal defense cases. Unless a formal letter of engagement or retainer agreement has been entered into by and between the reader and the attorney this answer shall not be construed as official legal advice on any specific facts or circumstances. Its contents are intended for general information purposes only. No attorney-client relationship has been created.
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