The Nature of an Offender versus Prior Convictions
To begin with, it is worth noting that we at Bose Mckinney and Evans are not prejudiced during our decision to take cases to represent during appellate trial based upon anyone’s previous alleged crimes or their lifestyle choice. It is important to state however that the combination of your previous convictions and your nature as a person can lead to interesting results when it becomes time to defend yourself during your appellate trial.
I refer you to the case of the Travis Halveland versus the State of Indiana. Travis Halveland went to appellate trial to appeal his sentence for theft as a class D felony. The intention was to revise and restate whether or not his sentence was appropriate in light of the nature of his offense and his character.
Travis Halveland was convicted of theft for stealing items (the specific items are not important – their value altogether was approximately $104) from a store in Richmond, Indiana. Points worth considering about this case and how they apply to his appellate trial are Halveland’s prior convictions and his nature as a person. Halveland paid his child support on time, exercised his right to visitation and is engaged to another woman who has three children. He helps care for these children (one of which is a special needs child) and fulfils the role of a father figure to not only his children from a previous relationship but those of his current fiancée.
This sounds pretty good before you find out about Halveland’s prior convictions. Halveland has a criminal record that started when he was a minor. It can be argued however, that his early crimes are of such a petty nature that they hardly warrant consideration during the course of the appellate trial. Although this in itself is hard to say as there are multiple convictions already recorded which tarnish the nature of the offender.
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