Can my criminal history in ine state be used against me in another?

UPDATED: Mar 5, 2013

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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


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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