Fighting enhancement paragraphs
Many people believe that just because someone has an alleged prior conviction or is enhanceable that they must be admitted or true. This is not the case. Prior convictions need to be proven in front of either the judge or jury. In many cases, the prior conviction will not be admissible for the guilt-innocent phase of the trial. In that situation, the State will ask the court to fingerprint the accused if there is a guilty verdict and the accused has plead "not true" to the allegation. It is your criminal defense lawyer's job to fight the fingerprint. Furthermore,the date of the alleged conviction can make a difference to whether or not the conviction can be used as enhancement.