Can previous convictions be disclosed to jury?

Question

In the state of California, can previous convictions be disclosed to the jury, during the course of a trial?

I can see the argument of relevance of previous convictions againts prejudicing the jury's decision, but just want to know if they can be used.

Specifically, I am thinking of a case of felony assault, where the accused was convicted of a similar felony six years ago, which was, consequently, reduced to a misdemeanor.

Answer 1

Not during the trial, however it can be used during sentencing.

Answer 2

As you set it out, probably not. The rules of evidence prevent the introduction of prior crimes for the purpose of proving the current one--the theory being that past bad acts do not necessarily prove the current charge.

As in everything, there are exceptions. For instance, if there is something really unique that you do, like tie knots in strings, it can be introduced as "habit" or under some other theory. Something like that might place you at the crime.

However, past convictions are taken into account at sentencing if you are found guilty. Generally speaking, ten years have to pass before you might be free of the previous conviction, but don't know about CA expressly.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 3

Talk to a CA lawyer. The CA evidence code is quite different from the Federal Rules of Evidence, and many, if not most, states base their rules on the FRE. Since most lawyers only learn the FRE and the rules in the state(s) they practice, only a CA lawyer would know the answer.

Answer 4

Yes, if it speaks of you overall character. If it is not relevant, your lawyer can move to strike.

Answer 5

it depends on circumstances, how good the lawyers involved are, and who the judge is