The Prosecution Could Admit Evidence of Prior Crimes During Your Trial
Imagine facing a courtroom where your past decisions reemerge as evidence against you. For many accused individuals, this scenario is not just a nightmare but a stark reality. Understanding when and how prior acts can be introduced as evidence in a trial is crucial. This knowledge is not just a legal technicality; it’s an essential part of navigating the justice system. This blog post aims to unravel the complexities surrounding the admissibility of prior acts in legal proceedings, particularly under Evidence Code 352 (EC 352). We will explore why understanding these rules matters and how they can significantly impact the outcome of a trial.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free phone consultation with one of our criminal defense attorneys near you.
Importance of Knowing EC 352
The courtroom is governed by intricate rules, and EC 352 stands as a pivotal regulation shaping the admissibility of evidence. This code essentially permits a judge to evaluate whether prior acts should be admitted in court, balancing their probative value against potential prejudicial effects. It provides a framework for determining if evidence of past behaviors can influence the current charges. For accused individuals, understanding the implications of EC 352 is extremely important. It directly affects how their history might be used against them, potentially tipping the scales towards a conviction. Awareness of EC 352 empowers defendants to better understand the potential risks and defenses available in their legal battles.
Judge’s Role in Evidence Admissibility
Judges play a critical role in deciding whether prior acts evidence should be introduced in court. Their discretion is guided by the criteria set forth in EC 352, ensuring that the evidence is more probative than prejudicial. Judges must consider the relevance of past actions to the charges at hand and assess whether introducing such evidence would create undue bias against the accused. The decision-making process involves a delicate balancing act, weighing the legal value of the evidence against its potential to unfairly sway the jury. Understanding the judge’s perspective is essential for accused individuals, as it provides insight into how legal arguments are formed and what factors influence judicial decisions.
Defense Strategies Against Prior Acts Evidence
Defense attorneys are the frontline defenders against the admission of prejudicial prior acts evidence. Their role is to vigorously challenge the relevance and admissibility of such evidence, safeguarding their client’s right to a fair trial. Attorneys employ various strategies, such as arguing that the evidence is unrelated to the current charges or that its prejudicial impact outweighs any probative value. By dissecting the prosecution’s case and highlighting inconsistencies, defense lawyers aim to block damaging evidence from entering the courtroom. Accused individuals must collaborate closely with their attorneys to build a robust defense, emphasizing the importance of legal expertise in navigating these complex issues.
Real Life Example: People v. Ellis
In People v. Ellis, the defendant was charged with various sexual offenses allegedly committed upon his stepdaughters. At trial, the prosecution wanted to admit evidence of the defendant’s sexual offense allegations against his stepdaughters from a different state. In the other state, the defendant was never charged with a crime, but there was evidence that the defendant committed these acts upon the girls. This evidence was considered propensity evidence. The trial court allowed the evidence in, reasoning that the evidence was probative (useful to the case) and not substantially outweighed by prejudice (unfairness to the defendant). The jury convicted the defendant and the defendant appealed, arguing that the evidence of the prior sexual offenses should not have been allowed in as evidence at this trial.
The appellate court upheld the trial court’s decision, stating that EC 352 allows trial courts discretion on whether or not to admit this propensity evidence during trial. The trial court weighed the evidence for its probative value against its prejudice to the defendant and found that the evidence should be admitted. (People v. Ellis, 2024).
Propensity Evidence
Propensity evidence, which refers to evidence of a person’s character or a trait to prove they acted in accordance with that character or trait on a particular occasion, is generally inadmissible in California courts. The state’s legal framework seeks to prevent trials from becoming judgments based on one’s past rather than the facts of the case at hand. However, there are exceptions where propensity evidence is allowed. California Evidence Code Section 1108, for instance, permits the introduction of prior sexual offense evidence in cases involving sexual crimes, thus allowing the jury to consider the defendant’s propensity to commit such acts. Similarly, under Evidence Code Section 1109, evidence of prior domestic violence is admissible in domestic violence cases to establish a defendant’s propensity to engage in such conduct. These legal exceptions aim to provide a fuller context of the defendant’s behavior in cases where the nature of the crime justifies consideration of past similar acts, potentially influencing the jury’s understanding of the accusations. Nonetheless, even when allowed, the admissibility of propensity evidence remains subject to the balancing test under EC 352, ensuring it is more probative than prejudicial.
How a Wallin & Klarich Criminal Defense Attorney Can Help
Our experienced criminal defense attorneys at Wallin & Klarich understand the complexities of EC 352 and the substantial impact prior acts evidence can have on a trial’s outcome. Our legal expertise allows us to meticulously dissect evidence and skillfully argue against its admissibility. By offering personalized defense strategies, we work closely with clients to safeguard their rights and ensure a fair trial. Our attorneys know how to highlight the weaknesses in the prosecution’s case, emphasizing the irrelevance or prejudicial nature of past acts. Additionally, we guide accused individuals through every step of the legal process, providing the support needed to navigate the challenges posed by prior acts evidence. Entrusting a case to Wallin & Klarich means having knowledgeable advocates dedicated to achieving the best possible outcome for their clients.
Contact Wallin & Klarich Today
If you have been charged with a crime, 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 many clients achieve successful outcomes in their criminal 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 all throughout southern California including Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim. Additionally, our law firm can handle many types of criminal cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.


