Legal Question in Criminal Law in Michigan
i am goin to trial for a third domestic violence charge. i do not intend to testify at trial. can my previous convictions be brought up?
2 Answers from Attorneys
Not only can, but absolutely will!
Be sure to cancel the cable, clean out the refrigerator, and turn the heat down. Have someone drive you to court or else they'll tow your car after it's been there for awhile. Wear loafers and beltless pants - no jewelry.
ok, here is a non-smart-assed answer.
Your prior convictions (at least TWO of them) are elements of the crime and have to be proven to convict you of DV 3rd. You and your attorney can advise the court that you are admitting to the prior convictions in the event that you are convicted of the underlying DV crime .... so the prior convictions would not be brought to the jury's attention. So, you'd be tried by the jury on Domestic Violence, and if they convict you of that crime then the court would enter a DV 3rd covncition based on your stipulation to your prior convictions.
That said, there are opportinuties for prosecutors to use "other act evidence" or "prior bad act evidence" under the rules of evidence to prove things like your intent, scheme of doing a crime, lack of accident, etc. But the prosecutor has to give reasonable advanced notice to the defense about this. If allowed by the court, what would come in would be witness testimony about your prior acts of violence against theis victim ... not the fact that you had been convicted of the prior acts. The prior acts help prove something relevant: your assaultive intent, your "M.O.", etc.
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