Do international criminal convictions matter?

[ohiof]

I have a friend going on trial for felony assault charges. He has a long criminal record in his native country but this would be his first felony in the US. Will the judge ask him if he has any prior convictions? Does it matter to the judge if he knows that my friend has committed severe violent crimes in another country or is this irrelevant because it didn't occur in the US?

 

[LdiJ]

I have a friend going on trial for felony assault charges. He has a long criminal record in his native country but this would be his first felony in the US. Will the judge ask him if he has any prior convictions? Does it matter to the judge if he knows that my friend has committed severe violent crimes in another country or is this irrelevant because it didn't occur in the US?

Its relevant no matter where the crimes took place. The question is whether or not the US courts will find out about the crimes. Odd are that they will.

 

[ohiof]

Its relevant no matter where the crimes took place. The question is whether or not the US courts will find out about the crimes. Odd are that they will.

Would the court ask my friend directly about any prior convictions or do they have some way of attaining foreign court records from other countries? I think he should come clean about it since he has anger issues he needs to work on but I'm not sure if he would be honest if someone were to ask him directly.

 

[Zigner]

Why does it matter to you? Your friend should be taking advice from his attorney.

Also, why is this guy your friend? Really. He's a multiple felon - he's probably not the best person to be friends with.

 

[ohiof]

It's a long and complicated story. I care about this person deeply and I really want him to heal from traumas he's had in the past. I think some time in prison would be a good wake up call for him to confront the issues he has. Anyways, thanks for the replies.

 

[quincy]

I have a friend going on trial for felony assault charges. He has a long criminal record in his native country but this would be his first felony in the US. Will the judge ask him if he has any prior convictions? Does it matter to the judge if he knows that my friend has committed severe violent crimes in another country or is this irrelevant because it didn't occur in the US?

Is your friend in Ohio?

In what country did he commit his other crimes?

He had no problems entering the US with his criminal record?

Previous crimes can be considered in sentencing.

 

[ohiof]

Yes, he is in Ohio, which is where he committed the crime he is being charged with. He committed his other crimes in Jordan. He gained US citizenship somehow, I believe through a previous marriage. I'm not sure what the process is for that so I don't know if they did a criminal check and stuff before he gained citizenship.

 

[quincy]

Yes, he is in Ohio, which is where he committed the crime he is being charged with. He committed his other crimes in Jordan. He gained US citizenship somehow, I believe through a previous marriage. I'm not sure what the process is for that so I don't know if they did a criminal check and stuff before he gained citizenship.

The US would be aware of his criminal record.

If he is currently charged with a felony in Ohio, he needs a criminal defense attorney. All of his questions should be directed to his attorney. He needs to be honest with his attorney about his past.

 

[FlyingRon]

With all but the most trivial crimes in the US, what typically happens prior to sentencing is a thing called a Pre-sentence investigation. This is where all his history is researched so that the judge can determine the appropriate sentence (or approve a plea deal, if one was made). His lawyer should review the PSI and make any corrections or explanations he feels is appropriate.

 

[cbg]

The bottom line is that this is neither a DIY matter nor something you should be involved with. His attorney, and only his attorney, should be working on this with him directly.

 

[dave33]

I have a friend going on trial for felony assault charges. He has a long criminal record in his native country but this would be his first felony in the US. Will the judge ask him if he has any prior convictions? Does it matter to the judge if he knows that my friend has committed severe violent crimes in another country or is this irrelevant because it didn't occur in the US?

highly unlikely the judge would ask about prior convictions. After all how many people would be honest? He will rely on the state's information.

 

[dave33]

Would the court ask my friend directly about any prior convictions or do they have some way of attaining foreign court records from other countries? I think he should come clean about it since he has anger issues he needs to work on but I'm not sure if he would be honest if someone were to ask him directly.

Anything is possible. Likely? probably not. Unless it's a crime of a heinous nature. Even then...

 

[dave33]

It's a long and complicated story. I care about this person deeply and I really want him to heal from traumas he's had in the past. I think some time in prison would be a good wake up call for him to confront the issues he has. Anyways, thanks for the replies.

If prisons were an effective form of rehabilitation it would not be a massive industrial complex with a ridiculous recidivism rate

 

[dave33]

Yes, he is in Ohio, which is where he committed the crime he is being charged with. He committed his other crimes in Jordan. He gained US citizenship somehow, I believe through a previous marriage. I'm not sure what the process is for that so I don't know if they did a criminal check and stuff before he gained citizenship.

Although i'm not familiar with immigration procedure i would imagine they can access at least as much info. as the state criminal court system if not a great deal more. gdlck.

 

[quincy]

If convicted on the felony charge, the judge might during sentencing address the prior offenses and these prior offenses could have an impact on the sentence.

But facts matter and there are very few facts provided.

It is interesting to me that the friend was found eligible to enter the U.S. if he had an extensive criminal record and, further, that the friend was granted citizenship.