The answer depends on whether the evidence is about the defendant, the victim or a witness.
If you are a fan of courtroom dramas like Law & Order, you may have seen scenes where evidence of the defendant’s good character, the victim’s poor character, or another type of character evidence was introduced. Perhaps one of the attorneys objected, or maybe the evidence proved to be the key factor that decided the outcome of the case. So when exactly can character evidence be used in California criminal trials?
As an Orange County criminal defense attorney can explain, the use of character evidence in criminal trials is critical because it often can sway the jury’s opinion about witnesses — including the defendant and the victim. It may also tend to show whether or not a witness is being truthful. Understanding the rules about how and when character evidence can be introduced in California criminal cases is incredibly important if you are facing criminal charges.
Defendants are always allowed to present proof of their own good character. For example, if you are charged with a crime of dishonesty, such as embezzlement, you might present evidence of your honest character, such as testimony from coworkers or friends who state that they have known you to be a trustworthy person. However, there is a risk in presenting character evidence as a defendant. If you do so, it is said to “open the door” to the prosecution offering evidence of your bad character.
Generally, prosecutors cannot introduce character evidence unless you open the door to it (with some exceptions). For example, if you plead insanity or claim that the police entrapped you, then the prosecutor will be allowed to introduce character evidence.
Defendants may also choose to take the stand in their criminal case. It is important to know that as a defendant in a criminal matter, it is your decision whether to take the standard or not. That being said, it is generally a good idea to rely on the advice of your Orange County criminal defense attorney. Your lawyer will be able to advise you of the advantages and disadvantages of testifying, particularly given the California rules of evidence and the strategies that a prosecutor might use to get you to talk about your character if you do testify.
For victims of crimes, defendants can introduce proof of character if it is relevant to the underlying crime. For example, if you are on trial for an assault, you might introduce evidence that the alleged victim has a reputation for starting fights. However, once you introduce such evidence, the prosecution will be permitted to rebut that evidence. These rules do not apply for victims of sexual assault; there are special “rape shield” laws in place that limit the type of evidence that can be introduced about the victim’s character and prior behavior.
Finally, any witness who takes the stand in a criminal case may have his or her testimony impeached if they are not truthful during testimony. Impeachment involves presenting a witness with a prior inconsistent statement to show that they are contradicting themselves. For example, if a witness gave a statement to the police stating that another person committed the burglary, but testifies at trial that it was you, your Orange County criminal defense attorney could impeach the witness with her prior inconsistent statement.
If you have been charged with a crime, the Chambers Law Firm will aggressively defend you against all criminal charges. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or learn more about how we can help you.
