Here’s How a Criminal Record Can Affect Your Personal Injury Case

If you have a criminal record, though, it could potentially cause problems. Read on to see how a criminal record could change things in your personal injury case.

Is my criminal record relevant?

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The good news is that your criminal past may not come out at all in your personal injury case. The other side can only reference your past directly if it’s relevant to the current case. A DUI conviction from 15 years ago isn't likely to be relevant if you’ve been hurt at work.

Your past may come up in court if you're on the witness’ stand giving a testimony. In that case, your past becomes more relevant because it may have bearing on whether you can be trusted as a witness.

A good lawyer will do everything possible to keep your record out of court, but there are no guarantees, and a record can damage you in two key ways if it does come up.

Perception and Credibility

The primary danger to your case comes from the way it can make you look. If a jury is deciding your case, this could be a problem. People tend to see criminal records of any kind in a very negative light, and the defendant will use this to their advantage if they can.

If you testify on your own behalf in the case, the other side has the right to consider your trustworthiness. That's when they may pull up old criminal records and try to use them against you.

What to Do About It

According to The Law Offices of Daniel Kim, your best bet could be asking for your trial to be heard by a judge rather than a jury. A judge will usually be better able to stay dispassionate and judge the case solely on its merits. A jury may be swayed by emotional appeals from a good lawyer on the other side.

You may also defend yourself by simply telling everyone about your criminal record right from the beginning. This makes it impossible for the other side to "surprise" you with it later and can make the whole incident seem much less important.

Impeachment

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In the courtroom, "impeaching the witness" refers to catching a witness in a lie. A lawyer for the other side could use your criminal record as a way of entrapping you.

For instance, you might think your traffic ticket doesn’t matter in a slip-and-fall case, so you might not suspect a thing when a lawyer asks you if you ever speed. But if testify that you do not speed and the lawyer can then pull out a speeding ticket, they've just caught you in a lie. Nearly anything you have to say is now suspect.

What to Do About It

Be aware of everything that the other side could use against you. Your lawyer can help you make sure you’re not forgetting something, and it doesn't hurt to review Polk County arrest records and conduct a background check on yourself so you know everything the other side is going to see.

Again, being upfront about your past is a good way to stop problems before they start. A good lawyer can also help you navigate your testimony on the stand so you don't get trapped. It may even be possible to expunge certain criminal records before you go to trial.

If you do have a criminal record, don't let this stop you from seeking the compensation you deserve for a personal injury. A qualified, experienced attorney can help you understand your situation and successfully deal with your criminal record.