If you’re facing new criminal charges in Philadelphia and have prior convictions on your record, your past can and likely will affect your present. Whether you were previously convicted of a misdemeanor or a serious felony, those convictions can impact everything from bail decisions to sentencing outcomes in your current prior convictions criminal case.
At DiDonato & Burke Law Firm, criminal defense attorney Thomas F. Burke understands how the criminal justice system treats repeat offenders and how to strategically defend against it. With over 30 years of courtroom experience, he builds defense strategies that not only focus on the current charges, but also anticipate how prior convictions could be used against you.
Here’s what you need to know about the role of prior convictions in Pennsylvania criminal cases and how we can help protect your future.
How Prosecutors Use Prior Convictions
In Pennsylvania, prosecutors can—and often do—look at your criminal history when deciding how to charge and prosecute your case. Prior convictions may be used to:
- Justify harsher bail conditions
- File more serious or upgraded charges
- Argue for longer prison sentences
- Discredit your character in front of a jury
- Establish a pattern of behavior (especially in domestic violence, DUI, or drug cases)
If your prior conviction is related to the current charge for example, if you were previously convicted of a drug offense and now face another drug charge, the prosecution may push for “recidivist” or habitual offender status. That can result in mandatory minimums or enhanced sentencing guidelines.
When Can Prior Convictions Be Brought Up in Court?
Not every prior conviction will automatically be allowed into evidence. In many cases, Thomas F. Burke can argue to keep your past out of your current trial, especially if it is unrelated or unfairly prejudicial.
The court typically considers:
- How recent the conviction is
- What type of offense it was
- Whether it’s directly related to the new charges
- Whether it would unfairly bias the jury
For example, a 10-year-old shoplifting conviction may not be relevant to a present-day assault case. On the other hand, a prior conviction for the same type of crime might be introduced to show a pattern—unless your attorney challenges it effectively.
How Prior Convictions Affect Sentencing
If you’re convicted of a new crime, your prior criminal record becomes a major factor in determining your sentence. Pennsylvania courts use a sentencing guidelines system, which considers:
- The severity of the current offense
- Your prior record score (PRS)
- Any mandatory minimums or sentencing enhancements
Your prior record score is based on the number and type of previous convictions. A higher PRS can result in longer jail time—even if the current offense wouldn’t normally carry a harsh sentence.
This is why your defense must not only focus on fighting the current charges, but also on mitigating the impact of your criminal history.
Can a Prior Conviction Be Expunged or Sealed?
In some cases, prior convictions can be expunged or sealed—meaning they won’t be visible to the court or used against you in future cases. However, Pennsylvania law has strict rules about eligibility.
Thomas F. Burke can review your record and advise whether your past convictions can be cleared—or at the very least, minimized in the eyes of the court.
You Are Not Defined By Your Past
At DiDonato & Burke, we believe that everyone deserves a fair shot—regardless of their history. People make mistakes. Lives change. A prior conviction should not be a life sentence that follows you into every courtroom.
Thomas F. Burke has successfully represented clients with criminal records by:
- Getting charges reduced or dismissed
- Arguing to exclude prior convictions from trial
- Challenging the accuracy of a prior record score
- Negotiating favorable plea agreements that account for rehabilitation and time since prior offenses
- Fighting for sentencing alternatives like probation, treatment, or community service
No matter what your past looks like, you have a right to a strong, strategic defense today.
Talk to a Criminal Defense Lawyer Who Understands the System
If you’re facing new criminal charges and have a prior record, the decisions you make now matter more than ever. The legal system doesn’t always give second chances but Thomas F. Burke will fight to make sure you get yours.
Call DiDonato & Burke Law Firm today at (215) 567-1248 to schedule a confidential consultation. We’ll help you understand your options and build a defense that puts your future first.
