Legal Question in Criminal Law in California

If I'm being subpoenaed to court to be a witness in a criminal damage case, can the defendants attorney bring up my past criminal record even though I was released from incarceration 16 years ago for assault with intent to do great bodily harm less than murder and carrying a concealed weapon? If this happens I could lose my job because my employer isn't aware of my criminal past.


Asked on 6/15/12, 9:32 am

2 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

There would be a hearing out of the presence of the jury to determine its relevance and potential probative value. You would know the Court's ruling before you testified. Good luck!

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Answered on 6/15/12, 9:46 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Ms. Hofmeister. But unless the prosecutor or another defendant wants your prior conviction excluded from evidence, you will have to make that argument yourself -- and you will have to find a way to make it when the trial is not in session. You will have a much better chance if you get a lawyer to represent you.

It's not clear why you think your employer will learn about what happens in the courtroom. Will your boss or other colleagues be there? If so, they may also be there when you ask for the evidence to be excluded. (You can reduce the chance of this happening by bringing a motion before the trial begins, though I don't know if there is still time for that.) If you think the employer will order transcripts of the case, then you still have a problem because the transcripts will include your hearing even if the jury is out of the courtroom at the time.

At a minimum, I urge you to consult with a competent criminal defense attorney in your area to find out what options you have. Since you seem to be near San Diego, you may want to give Ms. Hofmeister a call.

Good luck.

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Answered on 6/15/12, 12:24 pm


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