How Do Prior Convictions Affect Drug Charges?

Prior convictions affect drug charges directly and indirectly.

As outlined below, prior convictions could enhance drug charges and/or the sentences in drug cases. Despite changing public attitudes about marijuana and other substances, authorities annually arrest hundreds of thousands of people for drug violations, mostly simple possession. Public attitudes have changed significantly, but laws have not changed much. A drug conviction usually still means a long prison sentence, especially if the defendant has a prior conviction.

The good news is that prior convictions, drug convictions or otherwise, are only admissible in court on a limited basis. Furthermore, the state must jump through several hoops, such as obtaining a certified copy of the court paperwork, to take advantage of these loopholes. Therefore, a Ft. Worth criminal defense attorney has an excellent opportunity to resolve drug cases, prior convictions or not.

Charge Enhancement

Prior drug charges often bump current drug charges up a notch, perhaps from a third-degree felony to a second-degree felony.

We mentioned the difficulty of obtaining records above. That is especially true if the prior conviction was in a different county. Usually, county clerks, especially non-North Texas county clerks, are in no hurry to provide paperwork to prosecutors in another jurisdiction.

Furthermore, a lookback period often applies in these matters. DUI-drugs, one of the most common drug cases, is a good example. Usually, a conviction more than ten years old is a remote conviction that cannot be used to enhance current DUI charges.

Finally, enhanced charges or not, a full range of defenses is available in these cases. Drug cases often involve procedural defenses, such as Fourth and Fifth Amendment violations, and/or substantive defenses, such as a lack of evidence or alibi evidence.

Sentence Enhancement

Behind closed doors, where plea negotiations occur, prosecutors have much more leeway to use prior convictions. Prosecutors can even use remote convictions or completely unrelated criminal convictions to stiffen their plea bargain offers.

Largely for this reason, preparing for plea negotiations is almost as time-consuming as preparing for trial. Let’s flesh out the defenses we mentioned above.

The Fourth Amendment often applies to physical evidence. Usually, police officers can only seize drugs and other contraband if they have valid search warrants. A few limited exceptions, such as owner consent, apply in a few situations.

The Fifth Amendment often limits testimonial evidence. Most people know they have the right to remain silent. Most people do not know that this right extends beyond verbal silence. Suspects may also refuse to appear in lineups, perform field sobriety tests in a DUI-drugs case, or stand in lineups.

A lack of evidence defense is often very effective in criminal cases. Once again, a DUI-drugs case is a good example.

Assume Phil collides with Amy. As they wait for first responders to arrive, they exit their vehicles to assess damage. An arresting officer cannot testify that Phil was driving the car. So, to prove the “D” in DUI, prosecutors must produce an independent, credible witness who clearly saw Phil driving at or near the time of the crash. These witnesses are few and far between, especially if the incident occurred at night.

Connect With a Thorough Tarrant County Attorney

Prior convictions often affect current cases. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. Virtual, home, and jail visits are available.