Clearwater Criminal Defense Attorney

Admissable Evidence of Other Crimes in Criminal Cases

Here are the Important factors which affect a successful outcome in every criminal case:

• The severity of the charged misconduct.
• The severity of the victim's injuries or the victim's financial loss.
• The facts surrounding the alleged misconduct as being mitigating or aggravating.
• Whether the Government attempts to introduce one or more similar acts of misconduct by the Defendant.

(727) 365-5555: Attorney Robert Hambrick

Usually in criminal cases evidence of other crimes, uncharged misconduct, wrongs, or acts acts are inadmissible, because the evidence could be prejudicial if heard by an impartial jury. But often, particularly in assault, battery and sexual battery cases evidence of other crimes or misconduct is admissible if is is "relevant to prove a material fact in issue, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident."

ADMISSABLE CHARACTER EVIDENCE, EVIDENCE OF OTHER CRIMES AND ALLEGED MISCONDUCT IN FLORIDA CRIMINAL PROSECUTION CASES:

This ability of Prosecutors upon motion to the Court to bring this evidence of other crimes to a jury's attention is known as Florida's Williams Rule. see Section 90.404(2)(a), Florida Evidence Code, which governs the admissibilty standards of evidence of other crimes in criminal cases.

The Williams Rule has been a source of litigation over it's fairness as applied in Florida, because highly prejudicial facts may be presented to a Trial Jury more to establish proof of the Defendant's bad character than to establish motive, plan or intent for the crime being charged. In Federal cases there is a similar rule that is often used by prosecutors to secure pleas or win at trial.

The following procedural requirements must be followed before evidence of a Defendant's prior criminal acts or uncharged misconduct can be admitted in a jury trial:

1. The State Attorney must file a Notice of Intent to Offer Similar Fact Evidence with the Court.
2. The notice must be filed at least 10 days before trial.
3. The notice must with particularly describe the acts that the State plans on entering into evidence a trial.
4. The Court must grant the Defendant who is confronted with William's Rule evidence a hearing on the admissibility of the character evidence.
5. If the Court allows the William's Rule evidence to be admitted, then the Court must also instruct the jury about the limited reason for the introduction of the Williams Rule evidence; that the jury can not convict the defendant based upon the William Rule offense, but only convict the Defendant of the crime for which he or she is charged.

ADMISSABLE CHARACTER EVIDENCE, EVIDENCE OF OTHER CRIMES AND ALLEGED MISCONDUCT IN FEDERAL CRIMINAL CASES:

In Federal Courts in the Middle District of Florida, character evidence, evidence of other crimes and other alleged misconduct is governed by the Federal Rules of Evidence found at Section 404(b), which states as follows:

"Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character. (2) Permitted Uses; Notice in a Criminal Case. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. On request by a defendant in a criminal case, the prosecutor must: (A) provide reasonable notice of the general nature of any such evidence that the prosecutor intends to offer at trial; and (B) do so before trial — or during trial if the court, for good cause, excuses lack of pretrial notice."

It's important to note that no specific notice requirements are required from the Government unless requested by the defense in a criminal case. Considering how prejudicial and harmful to the defense this evidence can be, it's unconscienable that there isn't a rule which requires a Federal Prosecutor to notify the defense of the intent ot use this evidence as is necessary under Florida's William's rule as described above.

Further, the Notes of the Advisory Committee on the Proposed Rules of Federal evidence make it clear how powerful and prejudicial evidence of other crimes or misconduct can be in a criminal prosecution:

“Character evidence is of slight probative value and may be very prejudicial. It tends to distract the trier of fact from the main question of what actually happened on the particular occasion. It subtly permits the trier of fact to reward the good man to punish the bad man because of their respective characters despite what the evidence in the case shows actually happened.”

If you've been charged with any crime where the prosecution is attempting to use evidence from other misconduct you will need a Pinellas Criminal Defense Lawyer who is familiar not only with William's Rule evidence, but all of the possible prejudicial evidentiary attacks upon your reputation which may be made by the State Attorney's Office. Robert Hambrick understands there are many factors involved in any charge and how charges are filed by prosecutors, since charges can range in severity from a first-degree misdemeanors to first-degree felonies.

You need a lawyer on your side who will not only listen to what you have to say, empathize with your situation, anticipate what the prosecution may do and who will take immediate action to uncover all of the facts, to speak with all of the witness, to search all of the discovery, to review medical records, to understand and exploit all the weaknesses in the Law Enforcement's investigation and to persuade the prosecutors to dismiss, nolle prosse or drop criminal counts - all with the objective of obtaining a successful outcome for you by utilizing winning defense tactics and proactive litigation strategies.

If you're under investigation for aggravated assault or aggravated battery by local Tampa Bay law enforcement or from a Grand Jury investigation you need to hire the best Clearwater Criminal Defense Attorney for your needs.

(727) 365-5555

CONVENIENT OFFICE LOCATION only two blocks South of YOUR COURTROOM in the Criminal Justice Center.

Pinellas Criminal Defense Lawyer Robert Hambrick knows how battery and assult cases are treated in the criminal justice system, understands the laws and the defenses and will find the best possible options available for his clients.

For much more information about assautl tand battery case law, the latest assault and battery factual situations leading to reduction of charges or dismissal of cases and the best information on assault, aggravated assault and battery and aggravated battery defenses Clearwater Criminal Defense Attorney Robert Hambrick's Blog.

Upon learning that you may be a target of a criminal investigation for assault or battery it's important to contact the best Clearwater Criminal Defense Lawyer you can find as soon as possible.