Many clients believe that if a past criminal charge was reduced to a lesser offense, dismissed after a deferred prosecution, occurred as a juvenile, or otherwise resolved without a conviction, it no longer exists for future legal purposes. Unfortunately, that is not how it works under Washington law. A client should disclose their full legal history to their criminal defense attorney for several critical reasons.
Anticipating How Prosecutors Will Handle the Case
Prosecutors have access to past police reports, even if the encounter did not lead to an arrest or conviction. If the police have been to your house multiple times, this could influence how aggressively they prosecute or what plea deals they offer.
Prior encounters with law enforcement, even without charges, might suggest a pattern of behavior the prosecution considers in whether to offer a reduced charge or, alternatively, prosecute the current charge more aggressively.
Understanding Prior Convictions & Sentencing Enhancements For DUI Cases
Even if your DUI was reduced to a lesser charge, such as negligent driving, it will still be treated as a prior offense for sentencing purposes if you get another DUI. Charges that were reduced through plea deals or dismissed due to a Deferred Prosecution may still have legal consequences that affect your current case. This history will also affect license suspensions and ignition interlock device requirements enforced by the Department of Licensing. In Washington, DUI history never goes away.
Juvenile History Can Still Matter
Although juvenile records are often sealed or expunged, some serious offenses may still be considered in sentencing or charging decisions. Additionally, if you are a young adult who is facing a criminal charge and the prosecutor sees that several charges were recently resolved in Superior Court as a juvenile, it will impact their impression of whether you are trying to be a law abiding citizen as an adult, which impacts offers during negotiations and sentencing recommendations.
Ensuring No Surprises in Court
If the prosecution has information that your attorney does not, it could lead to unexpected challenges in your defense. Your attorney needs to be prepared to counter any arguments based on your past, rather than being blindsided in court.
Credibility & Potential Impeachment
If you testify, the prosecution may bring up past incidents to challenge your credibility. Your lawyer needs to know everything in advance to prepare for potential impeachment testimony and limit the damage.
Bottom Line
Your lawyer is on your side, but they can only protect you if they have all the facts. Even minor details about past police encounters, reduced charges, juvenile records or civil restraining orders and protection orders could affect how your case is handled. The more they know, the better they can strategize your defense and prevent the prosecution from using your history against you.
If in doubt, share your history with your lawyer. If you need our assistance, we are here 7 days a week. (360) 792-1000
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Whether you choose to handle your case alone or engage the Witt Law Group, being informed and prepared is essential. Early involvement of an attorney can significantly impact your chances of a fair recovery, allowing you to focus on healing while we handle negotiations with insurance adjusters to secure fair compensation for your injuries.
