Legal Question in Criminal Law in California
I was recently arrested and charged with H&S 11378. I have two prior convictions for the same thing. Should I elect to take this to trial, will the prosecution be allowed to tell the jury about my prior convictions?
3 Answers from Attorneys
Possibly. Ordinarily, priors are not fair game unless they are an element of the crime or are admissible under a couple of Evidence Code sections. Those are domestic violence and sex offenses. However, the prosecution may try to introduce them a different way though.
Under Evidence Code 1101(b), they may try to introduce your priors as evidence of your intent to sell. That's way more difficult for them, as the fact of priors is much more likely to cause a jury to convict based on bias against you, rather than the facts. Odds are they aren't admissible by the prosecution.
All bets are off if you testify though.
The prosecutor can and will use your priors against you.
Not only will the DA try to use them in charging, but the judge will use them in sentencing if you lose at trial. Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
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