The Importance of EvidenceCode Section 352 in Criminal Defense

A recent California case, People v. Caratachea, shows how a defense attorney’s failure to use the rules of evidence to their advice (Evidence Code Section 352) can have profound consequences for their client. This case serves as a crucial reminder of why experienced criminal defense representation can make the difference between winning and losing your case.

Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (714) 868-8281 for your free phone consultation with one of our criminal defense attorneys near you. 

Understanding Evidence Code Section 352

It’s essential to understand what Evidence Code Section 352 provides. This powerful legal tool gives courts the discretion to exclude evidence that may be hurtful to your defense if its probative value is substantially outweighed by the probability that its admission would create unfair prejudice or mislead the jury. In practical terms, this means defense attorneys can often prevent highly prejudicial evidence from reaching the jury’s ears, even if that evidence might be technically admissible under other rules.

Real Life Example: People vs. Caratachea

In Caratachea, the defendant faced multiple sexual offense charges involving four victims. During the trial, one victim testified not only about the charged offenses but also about an uncharged sexual offense allegedly committed in Mexico. While this type of evidence might typically raise red flags for experienced defense attorneys, several critical missteps occurred. First, the defense counsel conceded the admissibility of the testimony about the uncharged offense. Second, they failed to invoke EC Section 352 when discussing the admissibility of this testimony. Third, instead of seeking to exclude the evidence entirely, they only requested a jury instruction stating that the jury couldn’t convict based solely on that testimony.

On appeal, the defendant argued that the trial court should have conducted a sua sponte (on its own initiative) Section 352 analysis before admitting the testimony about the Mexico incident. However, the Court of Appeal delivered a clear message: The court has no duty to raise objections that the client’s lawyer should have raised on his/her own. Since thedefendants trial lawyer had failed to object to the harmful testimony the court would not reverse the guilty verdict. 

The Role of Evidence Code Section 1108

Usually, in court, prosecutors aren’t allowed to bring up someone’s past bad actions to suggest they probably did something similar again. This is called “propensity evidence” – basically trying to say “they did it before, so they probably did it this time too.”

However, there’s a special rule (Evidence Code Section 1108) that makes an exception for sex crime cases. This rule says prosecutors can tell the jury about other times the defendant may have committed sexual offenses, even if those incidents aren’t directly related to the current case.

But there’s a catch. Another rule (Section 352) says that even this type of evidence can be blocked if it would be too unfair to the defendant.

Why Experience Matters

This case perfectly illustrates why the experience of your criminal defense attorney can be the decisive factor in your case’s outcome. An experienced criminal defense lawyer would:

• Immediately recognize the potential prejudicial impact of uncharged offense testimony
• Know to invoke Section 352 early in the proceedings
• Present compelling arguments about why the prejudicial effect outweighs any probative value
• Preserve important issues for appeal through timely and proper objections
• Understand the interplay between different evidence code sections and how to use them strategically

At Wallin & Klarich, we’ve seen countless cases where knowledge of procedural tools like Section 352 made the crucial difference between victory and defeat in serious criminal cases.  When facing criminal charges, you need an attorney who not only understands these tools but knows exactly when and how to deploy them effectively.

The consequences of having an attorney who fails to utilize these critical legal tools can be severe and often irreversible. Once prejudicial evidence reaches the jury, it cannot be unheard, and its impact on the verdict can be devastating. Moreover, as Caratachea demonstrates, failing to raise these issues at trial can permanently forfeit your right to challenge the evidence on appeal.

We understand that successful criminal defense requires both comprehensive knowledge of the law and the experience to apply it effectively. Our attorneys are committed to using every available legal tool, including Evidence Section 352, to protect our clients’ rights and achieve the best possible outcomes in their case.

Contact Wallin & Klarich Today  

If you or someone you know is facing criminal charges, you need to contact our aggressive criminal defense attorneys at Wallin & Klarich now. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients achieve successful outcomes in their cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.

Wallin & Klarich have offices throughout Southern California including Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim. Additionally, our law firm represents those facing criminal charges throughout all of California.

Discover how our team can assist you. Contact us today, toll-free at (714) 868-8281 for a free phone consultation with a skilled defense attorney near you.

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