A Prior Conviction Can Be Used Against Someone in Certain Circumstances
A prior conviction can be used against someone in certain circumstances. The case of United States v Collins (decided August 24, 2015) addressed permitting the discrediting of a defendant with a prior 15-year-old misdemeanor conviction for filing a false name to a police officer. The rules of evidence apply a balancing test to determine the use of prior convictions. The court decided, “[w]here a prior conviction is more than 10 years old, the conviction should be rarely admitted and only if the court finds that the probative value substantially outweighs the prejudicial effect. In making this assessment, the court must consider the following: (1) the impeachment value; (2) the point in time of the conviction and the witness’ subsequent history; (3) the similarity between the crime and the current charge; (4) the importance of the witness’ testimony; and (5) the centrality of the credibility issue.” The court determined that this prior offense should not have been used. However, the error was harmless because there was substantial other evidence of guilt.
Lewis & Dickstein is the Premier Criminal Defense Law Firm in Michigan That Can Help With Evidence Problems Like Whether a Prior Conviction Can Be Used Against Someone.
LEWIS & DICKSTEIN, P.L.L.C. is the premier law firm in Michigan for handling criminal defense matters. If you, or someone you know, are charged with a crime, or facing possible charges, it is important that you have the best lawyers available to represent you and protect you. Those lawyers are from the law firm LEWIS & DICKSTEIN, P.L.L.C. The firm’s attorneys are well known and well respected. The attorneys with LEWIS & DICKSTEIN, P.L.L.C. have devoted their entire professional lives to making sure that people facing criminal charges are given the most powerful and effective defense available. LEWIS & DICKSTEIN, P.L.L.C. is considered the “go to” law firm when there is trouble. Please call us at (248) 263-6800 or complete a Request for Assistance Form if you have questions or need help. We look forward to helping you and we are not afraid to win.
“We Are Not Afraid To Win”
LEWIS & DICKSTEIN, P.L.L.C.