A history of committing elder abuse may be used against you.
As a general rule, the American legal system rests on the notion that a defendant in a criminal case should be tried for the charges that are in front of the jury — not based on what he or she did in the past, or what he or she is like as a person. For that reason, prosecutors are typically not allowed to introduce evidence of your “prior bad acts” to show that you committed this crime or your generally bad character to show that you must have committed. But there are some major exceptions to this rule, particularly when it comes to cases involving sexual assault, domestic violence and elder abuse.
Under the California Rules of Evidence, a prosecutor can introduce evidence that you have committed a prior bad act in certain situations. If you are currently charged with a crime of sexual assault, domestic violence, elder abuse or child abuse, a prosecutor may be able to introduce evidence of these crimes.
Under Evidence Code 1109, if you are charged with an elder abuse crime, a prosector can introduce evidence that you committed an elder abuse crime within the past 10 years. If the alleged crime happened more than 10 years ago, then the prosecutor can only introduce it if the judge holds a hearing and makes a decision that it would be in the interest of justice to introduce the evidence. For example, assume that you have been charged with physically abusing your mother. If you were charged and convicted of physically abusing your father in the same way 11 years ago, the judge may determine that it is in the interests of justice to allow the prosecutor to introduce the evidence. But if you were convicted of getting into an argument with an older boyfriend 15 years ago, the judge may decide that this “prior bad act” does not show that you were more likely to be guilty of physically abusing your mother — and so it is not in the interest of justice to introduce this evidence. A skilled elder abuse attorney in Los Angeles, CA can vigorously represent your interests at this hearing.
It seems unfair that evidence of most prior bad acts is inadmissible, but evidence of some kinds of prior bad acts is admissible. The California Legislature has made a determination that these kinds of cases are different, and the victims of these types of crimes (sexual assault, domestic violence, elder abuse and child abuse) are deserving of a higher degree of protection. That is why they fall into a separate category, and why it is easier for a prosecutor to introduce evidence of these types of crimes than other types of crimes.
The rules of evidence are complex, and it can be difficult to know what will be introduced into evidence at your trial. Having an experienced elder abuse attorney in Los Angeles, CA to represent can make the difference in your case between a favorable outcome and an unfavorable outcome. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com. We will work hard to defend you against elder abuse and all other charges.
