Legal Definitions - Prior(s)

In legal and law enforcement contexts, the term Prior(s) refers to an individual's documented history of past involvement with the criminal justice system. This typically includes previous arrests, charges, and especially prior criminal convictions. The existence of such a record can significantly impact current legal proceedings, influencing decisions related to sentencing, bail, and prosecutorial strategies.

• Example 1: Sentencing Decisions

  Imagine a person is convicted of a new offense, such as driving under the influence (DUI). During the sentencing phase, the judge reviews the individual's criminal record and discovers they have two previous DUI convictions from five years ago. These past convictions are considered their priors.

  How it illustrates the term: Because of these priors, the judge might impose a much harsher sentence for the current DUI, such as a longer jail term, a higher fine, or a more extensive license suspension, compared to what a first-time offender might receive. The previous criminal history directly influences the severity of the new penalty.

• Example 2: Bail and Pre-Trial Release

  Consider an individual arrested for a new charge of petty theft. When they appear before a judge for a bail hearing, the judge examines their background. If the judge sees that the individual has multiple priors for failing to appear in court for previous cases, or a history of committing new crimes while out on bail, this information is crucial.

  How it illustrates the term: These priors (the past failures to appear or new offenses while on release) would likely lead the judge to set a much higher bail amount or even deny bail altogether, viewing the individual as a significant flight risk or a potential danger to the community if released before trial.

• Example 3: Plea Bargaining and Prosecutorial Strategy

  A prosecutor is reviewing a case where a defendant is charged with misdemeanor assault. Before offering a plea bargain, the prosecutor checks the defendant's criminal history. If the defendant has no priors for violent crimes and only a minor traffic violation from years ago, the prosecutor's approach might differ significantly.

  How it illustrates the term: The absence of serious priors might make the prosecutor more inclined to offer a more lenient plea deal, such as a reduced charge or a diversion program, believing the defendant is less of a habitual offender. Conversely, if the defendant had multiple priors for violent offenses, the prosecutor would likely pursue a more aggressive prosecution, seeking a harsher penalty.