Legal Question in Criminal Law in Ohio
staute of limitations
Can an arrest or conviction from 1976 be used against someone in a case today?
Asked on 12/18/06, 9:28 am
2 Answers from Attorneys
Joseph Jacobs
Jacobs & Lowder
Re: staute of limitations
Yes it can if it was a felony or a crime of moral terpitude, such as theft.
Answered on 12/18/06, 12:53 pm
David Davies
Law Office of David H. Davies
Re: staute of limitations
As a general rule, convictions more than 10 years old can not be used to impeach your testimony at trial but there are exceptions to that rule. If you want to know if a conviction from 1976 can be used against you for purposes of increasing penalties or for sentencing purposes, the answer is probably yes. I would have to have more information such as the current charge, what the conviction in 1976 was for, etc.
DHD
Answered on 12/18/06, 4:53 pm
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